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(영문) 창원지방법원 2018.11.15 2017가단110499
공유물분할
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Changwon District Court Kimhae-si Office with respect to the size of 198 square meters prior to Kimhae-si.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) Real estate registration relation 1) Kimhae-si 198 square meters prior to C (hereinafter “instant C real estate”).

) and D 376 square meters (hereinafter referred to as “instant D real estate”).

When the above real estate is fully sold, "each of the instant real estate" shall be construed as "each of the instant real estate."

On March 7, 1988, the registration of ownership transfer was completed on the ground of sale as of March 4, 1988.2) On March 31, 1997, the Plaintiff completed the registration of establishment of a mortgage with the Changwon District Court Kimhae Registry as of March 31, 1997, the maximum debt amount of KRW 375,00,000, the debtor, the debtor, and the mortgagee as the defendant.

(3) On June 17, 1997, the registration of provisional disposition was completed on June 14, 1997 with respect to each real estate of this case on the ground of the decision of provisional disposition by the Changwon District Court (97Kadan6606) dated June 14, 1997. (4) On November 5, 1997, the Plaintiff completed the registration of transfer of ownership on each share of 153/198 out of the C real estate of this case and 271/376 out of the D real estate of this case on November 5, 1997.

B. 1) The existence of the sales contract exists in the instant real estate and the instant real estate, Kimhae-si E, 661m2, 479m2, G 615m2, G prior to G, 322m2, 949m2, G prior to J, 96m2, K 770m2, and L previous 734m2 (the remainder of the instant real estate, excluding each of the instant real estate, among the instant real estate, is “the remainder of the instant real estate.”

As to the Plaintiff’s sales contract (No. 1; hereinafter “instant sales contract”) dated April 28, 1997, in which the seller, the Defendant, and the broker are the buyer, the Defendant, and M.

2) The N, the Plaintiff, and M drafted a letter of intent to move to the resident (O) of each of the instant real estate and the building on the remainder of the real estate by December 1, 1997 in the future of the Defendant by June 2, 1997.

3) The remaining real estate of this case was completed on November 5, 1997, and the ownership transfer registration was completed on March 2, 2004, and on March 2, 2004, one parcel of land (In Gimhae, land for factory E. 5.

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