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(영문) 인천지방법원 2016.10.07 2015나57935
지분권말소등기절차 이행청구의 소
Text

1. Upon receiving a claim for a change in exchange from the party room, the defendant is 4.2 square meters of the area AA, Nam-gu, Incheon, and 112.1 square meters among the plaintiffs.

Reasons

1. Basic facts

A. Co-owners, including the Plaintiff, shared the land in this case and the land in the Nam-gu Incheon Metropolitan City AC large 783.1 square meter (hereinafter “AC land”) according to their share ratio.

B. On June 4, 1981, the Plaintiffs, the inheritee, purchased 60/451 shares of the instant land and AC land, which is the relevant site, from AE, with three-story stores and housing built of reinforced concrete structure on the AAE ground in Nam-gu, Incheon (hereinafter “instant building”), and thereafter, the deceased AD and its inheritors continuously occupied the instant land and owned it exclusively.

C. Around January 27, 1992, the Seoul Metropolitan City and the Nam-gu Committee on Partition of Co-Owned Land (hereinafter “Co-Owned Land Partition Act”) made a decision of partition with regard to the land of this case and the land AC in accordance with the attached Form. On January 31, 1992, the registration of the commencement of partition was completed on the land of this case on January 31, 1992.

On November 12, 1992, the Nam-gu Incheon Metropolitan City Committee on the Partition of Co-owned Land decided the above contents on November 12, 1992, and around the 22th day of the same month, this court entrusted the registration of subdivision with the "the confirmation of subdivision under the Act on Special Cases Concerning the Partition of Co-Owned Land on November 19, 192" as the grounds for registration. (e) The Incheon District Court completed each registration of transfer of ownership on a parcel of land AC and AF or AG 14 in Nam-gu, Incheon Metropolitan City on December 30, 1992, but on February 12, 1993, the provisional attachment was cancelled or entrusted with the registration of subdivision with the consent or approval of the interested parties.

“For the reason that the application for partition registration of the instant land was rejected. E. On July 19, 2004, the Nam-gu Incheon Metropolitan City Office rejected the application for partition registration of the instant land.

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