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(영문) 수원지방법원여주지원 2016.06.21 2015가단23194
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the forest land of Gyeonggi-gu to an auction of 2190 square meters;

Reasons

1. Basic facts

A. Of the 4442 square meters of forest land D (hereinafter “land before subdivision”), 2190/442 shares in the land before subdivision, the registration of transfer of shares was completed on March 19, 1998 on the ground of sale and purchase as of March 11, 1998. As to the land before subdivision, E becomes the nominal owner of shares in relation to the land before subdivision, and the Defendant became the nominal owner of shares in the land before subdivision.

B. Around December 2, 1998, the land before subdivision was divided into 2252 square meters of the above D forest and C forest and 2190 square meters of land (hereinafter “instant land”).

Due to the division of land, each registration of ownership in the name of E and the defendant was transferred to each of the above real estates.

C. Of the instant land, the registration for transfer of shares was completed on May 2, 2008 with respect to E’s 2252/442 shares in the name of E, and on April 25, 2008, on the grounds of sale as of April 25, 2008. In other words, the registration for transfer of shares was completed on November 7, 2014 in the name of Plaintiff on October 23, 2014.

Paragraph (1) of the special terms and conditions of the sales contract concerning the instant land prepared by the Plaintiff with F on October 23, 2014 (hereinafter “instant sales contract”) stipulated as follows: “The Plaintiff sells two co-owned real estate to a seller on a gold day at least 2252/442 square meters of the F’s shares in the ownership of the seller of the real estate on a gold day (as for real estate subject to sale, approximately 110.2836 square meters); and Paragraph (2) of the same Article read as “The buyer shall bear the expenses of the buyer and dispose of the said real estate by dividing it on his/her responsibility.”

E. Meanwhile, after the division, the registration of transfer of shares in E in the name of 2252/442 in the name of 2252 square meters in the above D forest land was completed on May 2, 2008 G and H in the future on April 25, 2008.

F. There was no special agreement between the Plaintiff and the Defendant prohibiting the division of the instant land or an agreement on the division.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 4, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The Plaintiff and the Defendant asserted the parties.

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