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(영문) 수원지방법원여주지원 2019.10.30 2019가단51432
공유물분할
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant I is the Plaintiff’s representative, and L of Defendant C, D, E, and F (hereinafter “Defendant Company”) is the Plaintiff’s representative, and L of Defendant I is the Defendant I’s spouse.

Defendant G is a type of Defendant I’s type, and Defendant H is a co-car of Defendant I.

B. On December 19, 2015, Defendant B entered into a sales contract with Defendant I and L on December 19, 2015 with a view to selling KRW 1,767 square meters of the price of KRW 106,00,000 in E-M forest land (hereinafter “pre-divisioned land”) (hereinafter “sales contract on December 19, 2015”).

As the special terms of the above sales contract, “153 square meters of equity shares in a road shall be registered after the opening of the road (the sale price shall be KRW 10,000,000).”

According to the above sales contract on December 30, 2015, Defendant I and L had a share transfer registration completed on December 30, 2015, and the land prior to the division was divided into 392 square meters of KK forest land and 392 square meters (hereinafter “instant land”) on July 22, 2016.

C. On March 16, 2017, Defendant B entered into the instant sales contract with Defendant I for the instant land (hereinafter “instant sales contract”) with the following terms:

In accordance with the instant sales contract, on March 22, 2017, Defendant I had completed the registration of transfer on the share of 3,663/9,384 of the instant land. The main contents of the instant sales contract are as follows: The area of the instant land: 3,663/384 of the area of the instant land (a price of KRW 153 square meters: 10,000,000,000)

1. After the registration of shares, a sales contract to divide shares is to be concluded; 2. Division of shares according to permission, and the location to be used by the buyer (Defendant I) shall be the part adjacent to N in the land in Leecheon-si;

3. Consent to land use shall be to be fulfilled with respect to future authorization or permission;

As to the land of this case, Defendant B, on June 16, 2017, shares of 527/1,564 to Defendant J, and Defendant I, on January 28, 2019, the Plaintiff and Defendant.

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