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(영문) 춘천지방법원 속초지원 2018.02.06 2016가단2187

공유물분할등

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On March 8, 1990, the Plaintiff completed the registration of ownership transfer on the ground of a gift made from March 5, 1990, with respect to the portion of 19/89 out of 19/89 square meters among the 294 square meters in Seocho-si, Seocho-si (hereinafter “Ddong”).

B. E completed the registration of ownership transfer based on sale and purchase dated November 16, 1994 with respect to the remaining 70/89 shares out of C 294 square meters on November 26, 1994.

C. F (the husband of the Defendant) completed the registration of ownership transfer on June 20, 1996 with respect to the shares of the above E (70/89) among the shares of the above E (70/89 square meters) on June 25, 1996.

F on December 5, 1996, the F completed the registration of initial ownership on cement bricks, bricks, slives, slives, and 97.7 square meters (hereinafter “instant building”) of cement 294 square meters above land.

E. On July 13, 2005, the CJ 294 square meters was divided into three parts: C large 262 square meters and G large 32 square meters.

F. On December 16, 2005, the Defendant completed the registration of transfer of ownership based on inheritance by a division of consultation on June 8, 2005 with respect to the above F’s share (70/89) and the building of this case among the above F’s share (70/89) and the building of this case.

G. On December 3, 2008, C large 262 square meters was divided into C large 217 square meters (hereinafter “instant land”) and H large 45 square meters.

H. During the process of promoting “I Corporation”, Sinsi was incorporated into a road with G large scale 32 square meters and H large scale 45 square meters ( accordingly, the land category of G large scale 32 square meters was changed to “road” on November 30, 2009), and the registration of ownership transfer was completed on April 30, 2009 with respect to each Plaintiff’s share (19/89) among each of the above land, on the ground of consultation on public land. However, each Defendant’s share (70/89) among each of the above land was not completed due to the lack of consultation.

(i) The respective locations and boundaries of the instant land, G road, and H 45 square meters, the land category of which is partitioned and the land category of which is changed, are as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 6, and fact-finding results of this court's inquiry about the initial viewing, the purport of the whole pleadings

2. The parties' arguments.