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(영문) 서울북부지방법원 2015.11.12 2014가단51456
공유물분할
Text

1. The Defendants shall:

A. Of the 417 square meters in Seongbuk-gu Seoul Metropolitan Government Llux, each point of the attached Form 9, 3, 4, 6, 8, and 9 is indicated.

Reasons

1. Claim against Defendant J

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Comprehensively taking account of the overall purport of the pleadings as to the statement in the evidence No. 1 to No. 3 against the remaining Defendants, the Plaintiff owned 2980/8730 shares in Seongbuk-gu Seoul (hereinafter “instant land”) and the Defendants owned 575/8730 shares in each of the instant land, and the Plaintiff and the Defendants held 1,2,3,9, and 1 shares in each of the instant land. Although a multi-household house with the Defendants divided into ownership on the land of 275 square meters in each of the attached drawing No. 1,2,3,4,6,8, and 9 shares in each of the instant land among the instant land, a multi-household house with the Defendants was constructed on the land of 275 square meters in each of (a) the same drawing No. 9,3,4,6,8, and 9 are linked in each of the aforementioned drawings No. 142 square meters in each of the instant land.

Therefore, the mutual title trust relationship between the Plaintiff and the Defendants with respect to the instant land is obvious on May 18, 2015 that the delivery date of a copy of the purport of the instant claim and the application form for alteration of the cause of the claim, which included the purport of the termination thereof, and with respect to Defendant J, May 20, 2015, with respect to Defendant J, May 22, 2015, with respect to Defendant C, G, and K, with respect to May 27, 2015, respectively, was lawfully terminated. As such, the Defendants are obligated to implement the registration procedure for transfer of ownership due to the termination of the title trust on each of the above dates with respect to Section 142 square meters on each of the above dates, and to take over from the Plaintiff the registration procedure for transfer of ownership due to the termination of each date’s title trust with respect to Section 275 square meters on each date.

Therefore, the plaintiff's claim of this case is justified, and it is decided as per Disposition by admitting it.

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