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(영문) 서울중앙지방법원 2018.06.05 2017가합557786
공유물분할
Text

1.(a)

Plaintiff

A At the same time, A shall receive KRW 301,169,650 from Defendant D, and at the same time, paragraph 1 of the attached Table to Defendant D.

Reasons

1. Basic facts

A. Plaintiff A, Defendant D, and E are children of J; Plaintiff B and C are children of Plaintiff A; Defendant F and G are children of Defendant D.

B. On November 30, 1998, J newly constructed a building listed in paragraph (1) of the attached Table No. 1 of the 8th and the second underground floor size (hereinafter “instant building”) with each land listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 2 (hereinafter “instant land” as the sequence of paragraph (2) of the attached Table No. 2 of the attached Table No. 1998, and with each of the instant buildings owned by J, Plaintiff A, Defendant D, and E transferred one-fourth shares of each of the instant buildings to Defendant D on August 7, 2014, and currently owned by Plaintiff A, Defendant E, and Defendant D shared shares of 1/4 shares, and Defendant D owned shares of 1/2 shares.

C. Of the site of the instant building, the land in question was owned by J alone until now, and all of the instant land, which is the remaining site of the instant building, was owned by J, and was donated to the Defendants other than the Plaintiffs and Defendant H. However, the co-ownership relationship of each of the instant land was as follows, at the time when the said donation and the transfer of a part of co-ownership share due to the subsequent sale was made.

1) The land of this case Nos. 1, 2, and 6 owns the 1/5 shares of Plaintiff A, Defendant D, and E, respectively, and the Plaintiff B, Defendant C, Defendant F, and G own 1/10 shares, respectively. 2) The land of this case Nos. 3 and 4 owns 1/3 shares of Plaintiff A, Defendant D, and E.

3) The instant land No. 5 owns the Plaintiff A, Defendant D, and E, each of 2,039/6,580 shares, and Defendant H owns 463/6,580 shares. D. The instant building is being used as neighborhood living facilities, sports facilities, such as PC rooms, pharmacies, dental hospitals, health rooms, and carpets, and is in charge of the lease management, etc. of the instant building, following the J.

(e).

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