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1. As to the Plaintiffs’ share of 49.2/780 of the 3290 square meters in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul:
A. Defendant C.
Reasons
1. Facts of recognition;
A. At around 1977, F Co., Ltd. newly built one commercial building and four apartment buildings, each of which is an aggregate building, in Yeongdeungpo-gu Seoul Metropolitan Government G Group (hereinafter “H apartment”).
In the E-ground, I Dong, J Dong on the G ground, K, M Dong on the N ground, O Dong on the P ground, and H shop on the P, and children's playgrounds are installed on Q ground.
Among them, I Dong, Jdong, H Sang, G G 3956 square meters in which children's playgrounds are located, Q 634 square meters in Q 634 square meters, P 1304 square meters in P, E large 3290 square meters in a rectangular shape and four pages are surrounded by roads.
B. In selling H apartment I and J Dong, F Co., Ltd., along with the pertinent section of exclusive ownership, completed the registration of ownership transfer by selling in lots the shares of 40.34/780 in the case of I consent, and 49.2/780 in the case of J consent.
C. On April 11, 1985, the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) was enforced and the ownership registration of H apartment was completed around 1986.
However, among the above E land, only 40.34/780 of each of the above E land is registered as land which is the object of the site ownership of 88 units of I Dong Section 88, and the remaining shares of 49.2/780 of each of the J-dong Section 88 units of the J-dong Section 88 units of land still remain co-ownership.
This is the same as the above G land of J-Dong, and only 49.2/780 of each of them is registered as the land which is the object of the right to the site of 88 J-dong Section 88, and the remaining shares of 40.34/780 of each of the remaining shares remain as the co-ownership of 88 households of the I-dong Section 88.
The above Q Q land in which children's playgrounds are installed was owned by 88 sectional owners of the I-Dong Section 40.34 shares of each 7880 shares, and 88 sectional owners of J-dong Section 49.2 shares of each 7880 shares.
Accordingly, H apartment is divided in J-dong.