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(영문) 서울북부지방법원 2016.08.10 2015가단35598
공유물분할
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by each person;

The plaintiff in the Gu office was the first case.

Reasons

1. Facts of recognition;

A. On April 27, 2015, Non-Party Han-gu Co., Ltd. received the share transfer registration at a voluntary auction after being awarded one-half of the share of Non-Party C out of the instant land. On the same day, on the same day, he/she entrusted the said share to the Plaintiff and received the share transfer registration.

B. The Plaintiff, in addition to the instant land, is the owner of six lots (Seoul, E, F, G, H, I) above ground wooden fixtures and pent roof, 58.88 square meters on the ground, 3.31 square meters on the attached wooden flag and pent roof, 3.31 square meters on the attached wooden flag and pent roof, and the attached brick gate roof 3.31 square meters on the attached building (hereinafter collectively referred to as “the instant Plaintiff building”), and is a part of the instant land (the ownership transfer registration is completed on April 27, 2015).

C. The Defendant, as the owner of one half of the instant land, and of 36.36 square meters of a wooden flag and a branch roof on the instant land, and of 36.36 square meters of a wooden flag and a branch roof, and of 3.31 square meters of a single-story house on the instant land (hereinafter collectively referred to as “instant building”), is the owner of the instant land (the registration of transfer on October 29, 194), and part of the instant land is occupied.

The appraised value of the instant land is KRW 16,070,075 per year from April 27, 2015 to April 26, 2016, and KRW 17,272,325 per year from April 27, 2016 to April 26, 2017 (monthly rent 1,439,400).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 2 (including each number), the appraisal result by the appraiser J, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant owning the instant land by owning 1/2 of the instant land among the purport of the cause of the claim and the instant Defendant’s building. The Defendant possessed the instant land by owning one-half of the instant land, as claimed by the Plaintiff, as the Plaintiff, as the owner of one-half of the instant land: ① KRW 8,035,037, out of the amount equivalent to the rent for one year from April 27, 2015 to April 26, 2016 that the Plaintiff acquired the said shares (i.e., KRW 16,070,075 ± less than KRW 2,075) and the amount equivalent thereto from April 27, 2016 to the date the instant judgment is rendered.

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