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(영문) 서울남부지방법원 2018.12.14 2015가합108322
토지분할 청구의 소
Text

1. Of the land size 17,147.1 square meters in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the respective points indicated in Appendix 13, 14, 15, 16, and 13 are successively connected.

Reasons

1. Facts of recognition;

A. The Promotion Committee for the Establishment of A apartment reconstruction and rearrangement project association (hereinafter “instant Promotion Committee”) is an organization that removes B apartment units (hereinafter “instant apartment units”) on the ground of 17,147.1 square meter (hereinafter “instant land”) in Yeongdeungpo-gu Seoul Metropolitan Government, and promotes the reconstruction of apartment units and neighboring neighboring family members on the site (hereinafter “instant reconstruction project”).

B. In the instant apartment complex, two apartment buildings and one independent commercial building (hereinafter “instant commercial building”) exist. Defendant 1 through 17 (hereinafter “Defendant 1’s sectional owners”) have divided the instant commercial building, and Defendant 1 and 17 have divided ownership of each of the instant commercial buildings, and the sectional owners of the apartment buildings indicated “the list of members’ share ratio” in attached Table 2, including Defendant 18 (hereinafter “instant sectional owners of the apartment buildings”) have divided each of the instant two apartment buildings.

C. Of the instant land, 1,478/17,147.1 shares in the aggregate 1,478/17, 147.1 shares in the attached Table 3’s share ratio list in the attached Table 3’s share ratio list is 38.06/17, 147.1, and 5-2 in the case of the first floor 5-1, 38.05/17,147.1.

As such, the remaining shares 15,69.1/17,147.1 shares are shared by the sectional owners of the apartment in this case as shown in the column of the site ownership ratio of the attached Table 2.

(hereinafter referred to as “owner of the instant land, etc.”) D.

After obtaining approval for establishment from the head of Yeongdeungpo-gu Office on August 26, 2009 and approval for modification on July 28, 2014, the promotion committee of this case intended to request the competent authority for consent to establish the association from the owners of the instant land, etc. and submit an application for approval for establishment to the competent authority. However, 16 persons among the sectional owners of the Defendant commercial buildings and some of the sectional owners of the instant apartment buildings among the sectional owners of the instant apartment

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