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(영문) 수원지방법원 2019.04.18 2018가단9841
공유물분할및공유관계확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 9, 1998, the Plaintiff entered into a sales contract with C on approximately 3,568 square meters among the land listed in the separate sheet (hereinafter “instant land”). On September 28, 1998, the Plaintiff completed the registration of ownership transfer on the ground of sale as to the share of 3567.95 percent of the instant land.

B. D entered into a sales contract with C on August 7, 1998 with respect to 3682.05 square meters among the instant land, and completed the registration of ownership transfer on September 9, 1998 with respect to the share of 3682.05 square meters among the instant land (hereinafter “instant share”).

C. D on November 25, 2009, completed the registration of ownership transfer for the instant shares to the Defendant, who is the ASEAN, based on the donation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of purchasing the land from the former owner of the instant land alleged by the Plaintiff, D, in turn, has purchased the part (A) connected to the instant land in the following order: (a) of the attached drawing Nos. 1 through 5, 15 through 23, and 1; and (b) of the instant land, the Plaintiff specified and purchased the part (b) connected in the attached drawing Nos. 5 through 15, and occupied and used each exclusively, and thus, the co-ownership relation under the mutual title trust was established between the Plaintiff and D, and the Defendant succeeded to it.

As the Plaintiff terminated a mutual title trust by serving a written application for modification of the purport of the claim and the cause of the claim on January 15, 2019, the Defendant: (a) voluntarily designated an appraisal line for the current nature boundary and convenience in appraisal, etc. at the time of surveying and appraisal on a ship owned by the Plaintiff; and (b) differently from the area (a) that the Plaintiff claimed to purchase by specifying it (b) [3,748 square meters in the part (a) and (b) on a ship (b) 3,748 square meters in the part (a) and (b) 3,748 square meters in the part (a) on a ship) that the Plaintiff purchased by specifying it.

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