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(영문) 창원지방법원 2017.03.14 2015가단3528

공유물분할

Text

1. The plaintiff's lawsuit of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The current status of land 1) The F forest land 5,256 square meters in the window of Changwon-si, Changwon-si, owned by the Plaintiff, was built on January 20, 1989 as a part of the above land, and as a road was built on January 20, 198, M. roads and F forest land 17 square meters and 5,239 square meters in F forest land

2) On December 10, 1998, F forest land 2,975 square meters (hereinafter “F land”) was divided into “5,239 square meters for F forest land”.

2,264m2 (hereinafter referred to as “L land”) and L forest land.

(2) On March 11, 2015, the said F land was divided into F 890 square meters of forest land, G 1,763 square meters of forest land, H 231 square meters of forest land, and 91 square meters of forest land, respectively.

(hereinafter referred to as "land" in each order of priority. (b)

1) N disposal cooperatives (hereinafter referred to as "distribution cooperatives") shall enter into and register a sales contract.

(2) On September 25, 1982, the Plaintiff: (a) 2,448 square meters of land, including the part corresponding to the present L, among the F land before subdivision, in Changwon-si, in the Plot-si Seoul Special Metropolitan City (hereinafter “land scheduled for replotting”); (b) 847.3 square meters of land within the Plot-si

3) On April 4, 1990, the Plaintiff planned to substitute the land, and the Plaintiff planned to substitute the house under the Dong House Co., Ltd. (hereinafter “Dong House”).

A) The sales contract of this case was set at KRW 370,000,000 for the above reserved land for replotting (hereinafter “instant sales contract”).

(2) At the time of the above sales contract, the Plaintiff and sub-housing agreed that “new apartment on the commercial site, shall be responsible for the application for reduction and exemption of capital gains tax, and shall be prepared and submitted with documents.” However, since F land before the division was pre-divided into LB land at the time of the instant sales contract, the Plaintiff and sub-housing would own the entire F land before the division under Article 24533 of the Changwon District Court’s receipt on June 21, 1990, in other words, the Plaintiff completed the registration of transfer of ownership of the said land at the rate of 2,791/5239, and 2,448/529.

Since 3, L is not divided into 2,448 square meters of forest land, such as a scheduled land, and was divided into 2,264 square meters of forest land, and it is Changwon-si including the above L land.