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(영문) 수원지방법원 2015.08.26 2013가단70398

공유물분할

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to H-si land for a factory 4952.9 square meters (hereinafter “instant real estate”), the Plaintiff’s share 660.4/4952.9 shares, Defendant B’s share 1320.7/49529 shares, Defendant C’s share 660.4/49529 shares, Defendant D’s share 1319.59/49529 shares, Defendant E’s share 330.58/49529 shares, Defendant F’s share 330.58/49529 shares, Defendant G’s share 330.58/49529 shares, and Defendant G’s share 330.58/4952.9 shares.

B. 4 Dong-dong (A, B, E, and F Dong) exists on the real estate of this case. Among them, defendant Eul-dong and Dong-dong are owned solely by defendant Eul; F Dong shares 29.89/224.17; the plaintiff's 59.78/224.17 shares; the defendant Eul-dong shares 59.78/224.17; the defendant Eul's 29.89/224.17 shares; the defendant Eul-owned shares 59.792/224.17; the defendant Eul-owned shares 14.94/24.17; the defendant Eul-owned shares 14.94/24.17; the defendant Eul-dong owned shares 14.94/24.24.17; the defendant Eul-dong owned shares 101 and 201; the defendant Eul-dong shares 101 and 203.201 and 204.17 shares respectively.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including virtual numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. Determination as to the primary claim 1) Plaintiff’s assertion that Defendant D, B, and Nonparty I (the former owner of the Plaintiff C’s share), and J (the former owner of the Plaintiff’s share) owned and operated each factory building on the ground of exclusive and exclusive possession and use of the specific parts of the instant real estate, respectively. However, Fdong, a wastewater treatment partner, entered into a special agreement to use the instant real estate together. Such special agreement is succeeded to Plaintiff, Defendant C, E, F, and G, a specific successor of the instant real estate, and the Plaintiff acquired shares by succession from J via Nonparty K, and thus, the Plaintiff acquired shares by succession from J through Nonparty K, the part of 60.4 square meters in the ship (hereinafter “the part in the ship”).

exclusive, exclusive, possession, and use title.