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(영문) 대전지방법원홍성지원 2020.10.16 2019가단32286

약정금 등

Text

The Defendant, as the Plaintiff

A. Of the area of 583 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1, respectively.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “each land of this case”), the Plaintiff and the Defendant owned 1/3 shares, D, E, F, and G, respectively, 2/24 shares.

B. On October 22, 2015, the Plaintiff filed a lawsuit claiming partition of co-owned property against the co-owners including the Defendant, etc. at Daejeon District Court Red Branch 2015da10646, and rendered a compulsory conciliation order with the above court on May 28, 2016 that “each of the instant land is sold by auction and the price is divided for each share of co-owners.” The decision became final and conclusive around that time.

C. On May 1, 2017, the Plaintiff filed an application for auction for partition of co-owned property with the Daejeon District Court Red Branch H on each of the instant land. On August 12, 2017, the Plaintiff prepared the following agreements with co-owners, including the Defendant (hereinafter referred to as the “instant agreement”), and withdrawn the said auction.

Attached Form

The real estate listed in the list 6, 7, 9, and 10 shall be owned by the defendant.

Attached Form

The real estate listed in the list 2, 3, 4, 8, and 11 shall be owned by the plaintiff. A) The defendant is the real estate listed in the attached list 6 owned by the plaintiff (hereinafter referred to as the "I land of this case").

b) The Defendant granted free of charge the road width of 3 meters on the land located in C (hereinafter “instant land”) owned by the Defendant for access roads to real estate listed in attached Table 9, which is owned by the Plaintiff, for the purpose of the access roads to the land located in C (hereinafter “instant land”).

3. The real estate listed in paragraph 1 of the Attachment List shall be owned by D. D. D shall be granted access roads to the real estate listed in paragraph 1 of the Attached List owned by the Defendant, free of charge, which shall be 3 meters from J to D.

4. The real estate listed in Schedule 5 shall be owned by E and F.

5. G does not own each real estate listed in the separate sheet, so the remaining co-owners shall pay the difference in cash to G.