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(영문) 청주지방법원 2014.04.09 2013가합4774
공유물분할
Text

1. The Defendant made December 27, 2013 with respect to the Plaintiff’s share of 2.78/15 square meters among 159.1 square meters in Cheongju-si, Cheongju-si.

Reasons

1. Basic facts

A. On December 27, 1989, the Plaintiff purchased part of the land located in the area of Donju-si, U.S. D, 208.3 square meters (hereinafter “land before subdivision”) and the building indicated in attached Table No. 1 (hereinafter “Plaintiff’s building”) on the ground. On February 10, 1990, the Plaintiff completed the registration of ownership transfer for 9/15 shares of the land before subdivision on December 27, 1989.

B. On February 24, 1990, the Defendant purchased part of the land before subdivision and the building indicated in attached Table 2 (hereinafter “Defendant building”) on the land before subdivision from F, and completed the registration of ownership transfer for the 6/15 portion of the land before subdivision on March 27, 1990.

C. Of the land before subdivision, the part occupied by the Plaintiff’s building is one square meter 159.1 square meter in order to connect each point in the attached Form 1, 2, 3, 4, 17, 5, 14, 11, 15, 12, 13, 13, and 1 of the land before subdivision, and the part possessed by the Defendant’s building is 49.2 square meter in the ship’s cream section (hereinafter “cream section”) connected in order to each point in the attached Form 5, 6, 7, 8, 9, 10, 11, 14, and 5 of the land before subdivision.

The Defendant filed a lawsuit against the Plaintiff on the premise that the Plaintiff is divided by mutual title trust with respect to 1/15 shares registered in the name of the Plaintiff in the ship, on the premise that Cheongju District Court 2010 Mahap5103 case of Cheongju District Court 2010 Mahap5103, on the ground that the Plaintiff is divided by the creamble and dial part on the ship, and the part on the dival part, and on the ground that “the Defendant is recognized to have divided the 3rd part on the ship” on the ground that “the Plaintiff is entitled to have divided the 9/15 share of the 9/15 share of the 9/15 share of the 3rd part on the ship,” the Defendant rendered a judgment on the ground that “the Defendant is liable to implement the procedure for the registration of ownership transfer due to the termination of title trust

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