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(영문) 서울동부지방법원 2011.08.26 2010가합4910

공유물분할

Text

1. The plaintiff's action against the defendant AP, AT, and the assignee shall be dismissed respectively.

2. The Gangdong-gu Seoul Metropolitan Government DM large 48,913 square meters.

Reasons

1. We examine whether this part of the lawsuit is lawful ex officio in determining the legitimacy of the lawsuit against Defendant AP, AT, and Intervenor (hereinafter “Defendant”) for convenience.

Then, the above Defendants owned co-ownership shares as to each real estate listed in the separate sheet of real estate. After the filing of the instant lawsuit, Defendant AP transferred their co-ownership shares to theJ, and Defendant DJ participated in the instant lawsuit for Defendant AP upon the Plaintiff’s application. Defendant DJ transferred its co-ownership to DK and participated in the instant lawsuit for Defendant DJ for convenience. Defendant AT transferred its co-ownership to DL and transferred its co-ownership to the Plaintiff’s co-ownership and participated in the instant lawsuit for Defendant AT for convenience. Defendant AT transferred the Plaintiff’s co-ownership to DL and participated in the acquisition of the instant lawsuit for Defendant AT for convenience. Thus, Defendant AP, DJ and AT are not co-owners of each real estate listed in the separate sheet of real estate, and thus, Defendant AP, DJ and AT are not co-owners of each real estate listed in the separate sheet of real estate. Thus, Defendant DJ’s lawsuit against the above Defendants is unlawful against the said Defendants.

2. Basic facts

A. The A Apartment Housing Reconstruction Improvement Project Promotion Committee (hereinafter “instant promotion committee”) is an organization that promoted the reconstruction (hereinafter “instant reconstruction”) of 11 apartment buildings (hereinafter “instant apartment buildings”) and one commercial building (hereinafter “instant commercial building”) on each land listed in the attached Table of Real Estate (hereinafter “instant land”). On June 30, 2006, 818 of the owners of the said apartment and commercial building, among 1,582 owners of the said apartment and commercial building, obtained approval from the head of Gangdong-gu (51.70%) and obtained approval for establishment from the head of Gangdong-gu.

B. For the reconstruction of the apartment and commercial buildings of this case, the promotion committee of this case is indicated in the attached Table 1 list, which is the owner of the building of this case.