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(영문) 춘천지방법원원주지원 2017.10.31 2017가단32267

공유물분할

Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

Facts of recognition

A. As of the date of the closing of argument in this case, the Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter “instant real estate No. 1” and “instant real estate No. 2” as of the date of the closing of argument in this case. The shares of the Plaintiff and the Defendants are 1/3, respectively.

B. The Plaintiff filed a lawsuit against the Defendants seeking a partition of co-owned property as to each of the instant real estate under the court 2015da7793. On December 22, 2016, the court below divided the Plaintiff’s ownership of the portion indicated in the annexed drawing(A) part 5,487 square meters among the instant real estate No. 1, and the portion indicated in the annexed drawing(b) part 9,587 square meters into co-ownership (per 1/2) of the Defendants. 2. On January 2, 2016, the instant second real estate is divided into the Defendants’ co-ownership (per 1/2 of the shares ratio) and the Reconciliation Recommendation Decision (hereinafter “Reconciliation Recommendation Decision”). The Reconciliation Recommendation Decision became final and conclusive as is January 10, 2017.

C. The Plaintiff filed an application for a survey to divide the instant real estate first in accordance with the decision on recommending reconciliation in this case with the Korea Land Information Corporation.

As a result of a cadastral survey, the Korea Land Information Corporation notified that the area of the real estate No. 1 of this case is 25,007 square meters, and that the area of the cadastral record is 15,074 square meters, and that it cannot conduct a cadastral survey for the real estate No. 1 of this case until the error of registered matters in

(Article 84(1) of the Act on the Establishment, Management, etc. of Spatial Data and Article 82(3) of the Enforcement Decree of the same Act.

The Defendants did not express their consent to the Plaintiff with respect to the application for correction of the registered area on the cadastral record for the real estate No. 1 of this case.

[Ground of recognition] According to the facts of recognition 1 as to the interest in the litigation of determination as to confession (Article 150 of the Civil Procedure Act), land division is not possible as of the date of closing argument of this case.