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(영문) 의정부지방법원 고양지원 2018.10.12 2018가합70571

토지사용승낙청구의 소

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1. With respect to each of the shares of 1/7 square meters of 310 square meters in Gyeyang-gu Seoul Metropolitan City I before the Plaintiff:

(a) Defendant B, C, D, E, F, and G.

Reasons

1. Basic facts

A. Before the partition of co-owned property, each of the instant lands was co-owned, and the 1994 Arrangement 1) between the Plaintiff, J, K, network L, M, Defendant E, and C (hereinafter “the primary co-owners, such as the Plaintiff”).

) Before 1995, the Suyang-gu Ndong (hereinafter referred to as the “Ndong”) shall only be the Ndong of Goyang-gu, Soyang-gu.

(2) The instant land is collectively referred to as “each of the instant land” with the term “13 square meters prior to O, 93 square meters prior to P, Q, five square meters prior to Q, and 3,521 square meters prior to subdivision.

(2) On November 25, 1994, the first co-owners, including the Plaintiff, etc., agreed to construct a road on the attached Form 1 and jointly own the remaining parts in the proportion of 1/7, by taking into account the previous location of the land and the possibility of common use with the existing land when the period for partition of co-owned property expires following a survey on each land of this case on November 25, 1994. However, as indicated in the attached Table 1, the current status survey result was also indicated on the attached Form 1, and on the land of this case, the land of this case was sold at auction around 1995. The first co-owners, including the Plaintiff, etc., jointly participated in the bidding and paid the proceeds for sale, thereby acquiring the ownership of each land and completing the registration of ownership transfer.

(hereinafter “Agreement 1994”). (b)

The progress of the partition of co-owned property litigation and the agreement between co-owners 1) The deceased on February 19, 2003, Defendant D solely inherited one-seven shares of each of the instant lands in the name of the deceased K in accordance with the agreement on division of inherited property. Defendant G (former S prior to the opening of name) solely inherited the ownership transfer registration for one-seven shares of each of the instant lands in the name of M from M on November 4, 2003 (the changed co-owners of each of the instant lands) on November 3, 2003.

(2) Since then, Defendant G made a partition of co-owned property as to each of the instant lands against the secondary co-owners, including the Plaintiff except the Plaintiff.