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(영문) 서울중앙지방법원 2017.12.19 2017나18551
공유물분할
Text

1. The part of the judgment of the court of first instance against the plaintiff falling under any of the following subparagraphs shall be revoked:

Seoul.

Reasons

1. The part to be explained by the court as to this part of the basic facts is as stated in the corresponding part except that the list "attached Form 4" in the same section is as stated in the corresponding part of the judgment of the court of first instance, 59.57 "(59.57" in the judgment of the court of first instance as "61.34, and each share 3) as stated in the attached Table 3 as "5.57 in the aggregate of each share in the attached Table 3 (each share of the previous owners of the commercial buildings of this case), but the sum of each share in the attached Table 5.57 in the judgment of the court of first instance is calculated if the actual sum of the above shares is claimed."

The corresponding part is co-owned.

The Plaintiff, among the parts jointly owned by the Defendants, shall be registered in the building ledger in installments, and the registration shall be completed, and the proceeds shall be sold, and the proceeds shall be distributed to the members.

However, since an agreement on partition of co-owned property between the plaintiff and the defendants has not been reached, the plaintiff filed a partition of co-owned property against the defendants by the lawsuit of this case, and seek partition in the same manner as stated in the claim.

3. Determination

A. Co-owned property partition lawsuit as to whether the Plaintiff is a co-owner can be instituted only by co-owners (Article 268(1) of the Civil Act) (Article 268(1) of the Civil Act). The Plaintiff asserted that the Plaintiff is a co-owner of the transformation room and mechanical room of the previous commercial building, and the Defendants do not have any evidence as to the transformation room and mechanical room of the previous commercial building and received ownership transfer from the co-owner of the previous apartment building of this case upon registration of trust.

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