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(영문) 인천지방법원 2018.02.02 2017나53395
공유물분할
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's preliminary claim is one of the area of 576 square meters prior to the Ocheon-gu P.

Reasons

1. Basic facts

A.F and G Co-ownership 1) acquired the ownership of the instant land. On March 31, 1973, F sold 51/185 shares of the instant land to H, and completed the registration of ownership transfer on April 9, 1973. H sold its shares (51/185) out of the instant land to G on May 20, 1976 and completed the registration of ownership transfer on the same day. 2) While F and G shared the instant land on July 8, 191, F completed the registration of ownership transfer on May 17, 1991 with respect to the share of 443.4/576 shares of the instant land as of May 17, 1991, G completed the registration of ownership transfer due to a divided ownership transfer on May 17, 1991, and on the same day, G completed the registration of ownership transfer due to the co-ownership on May 17, 1991.

B. F’s share change process 1) F’s share in F’s above A (443.4/576) was transferred to F’s ownership to I (130.2/2880) and E (880) on April 14, 1997 due to inheritance on April 28, 1997. After I died, I transferred F’s share (130.2/2880) to E on January 23, 2015, and eventually acquired F’s share in F’s above A.2) E sold its share in the instant land to the Plaintiff, Defendant C, and D on February 11, 2015, and accordingly the Plaintiff completed the registration of ownership transfer with respect to each of the said shares in the instant land on March 25, 2015, and the Plaintiff completed the registration of ownership transfer.

3) Meanwhile, on March 10, 2016, the Plaintiff donated 2016.5/2880 of its own shares of the instant land to the Plaintiff’s succeeding Intervenor, and completed the registration of ownership transfer on March 23, 2016. (c) The process of changes in G’s co-ownership (i.e., the shares indicated in the foregoing paragraph (a) (i., the 132.6/576) was donated to the Defendant Company on May 29, 2006, and completed the registration of ownership transfer on May 30, 2006. The Plaintiff did not dispute over the grounds for recognition (including the number; hereinafter the same shall apply) 1, 2, 10 through 12.

each entry, video, and the purport of the whole oral proceedings

2. Regarding the plaintiff's primary claim

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