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(영문) 인천지방법원부천지원 2017.11.17 2015가단112384
공유물분할
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in Gap evidence 36, Gap evidence 38, Eul evidence 7-1, 2, Eul evidence 8-1, 2, Eul evidence 8-9, Eul evidence 10-1, 2, Eul evidence 11-1, 11-2, and Eul evidence 23-1 through 23-8.

Land substitution, sale, and transfer registration 1) Seocheon-si YY 4,076 square meters (hereinafter referred to as "land before the division of this case").

(2) On January 8, 1967, the Z purchased on July 26, 1975, and completed the registration of ownership transfer on July 26, 1975. After which AA and AB jointly inherited on November 7, 1976, and completed the inheritance registration on June 29, 1979. (2) In the implementation of the land readjustment project on September 20, 1974, the annexed-si designated the AC 1,606 square meters, AD 846 square meters, and AE 2,725.7 square meters as the land reserved for replotting before the division of this case as a land reserved for replotting.

3) After that, A and AB sold to the Plaintiff a newly constructed apartment house a total of 2,452.6 square meters of the above AC and AD as a new apartment house. Since the disposition of replotting was not finalized at the time, the Plaintiff entered into a share transfer registration over several occasions on November 17, 1980 and September 5, 1981, with a view to not exceeding 2,452.6 square meters of the above right area in form, on November 17, 1980, as to the share of 1279/4076 of the land before the instant subdivision as of November 17, 1980 as to the share of 1279/4076 of the land before the instant subdivision as to the share of 987/4076 share and the share of 2,4076 share ownership transfer registration for each of the above A and 2,980 units of apartment houses (hereinafter referred to as “the instant apartment houses”) were added to the instant apartment houses (hereinafter referred to “the instant apartment houses”).

5 At the time, the Plaintiff was unable to pay part of the land price to AA and AB, and thus, AA and AB shall be required to do so.

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