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(영문) 대구지방법원 2014.09.25 2013가단51985

공유물분할

Text

The defendants shall have a size of 4305 square meters among the registered matters in the cadastral record on R-road 4305 square meters in Yeongdeungpo-gu City City Mayor.

Reasons

The Plaintiff and the Defendants are co-owners of the area of 4305 square meters (hereinafter “instant real estate”). However, the actual area of the instant real estate is 3405 square meters or 4305 square meters due to mistake at the time of registration, etc., and there is no dispute between the parties, or there is a result of the appraisal by the Korea Intellectual Property Office, Daegu-si Branch of the Korea Intellectual Property Office, Daegu-si Branch of the Korea Intellectual Property Office, Daegu-si, Incheon-si.

According to the above facts, the defendants, co-owners of the real estate of this case, are obligated to implement the procedure of filing an application to correct the area of 4305 square meters in 3405 square meters among the registered matters in the cadastral record concerning the real estate of this case with the competent authority pursuant to Article 84 (1) of the Act on Land Survey, Waterway Survey and Cadastral Records. Thus, in this case where the plaintiff seeks to divide the real estate of this case into co-ownership, the correction of registered matters in the above cadastral record should be made first, and it is so decided as per Disposition by a partial judgment.