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(영문) 수원지방법원 2016.08.12 2015가단56792
토지인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land stated in the purport of the claim (hereinafter “instant land”) was originally owned D.

B. D sold 826/1,230 of the instant land to E on December 24, 2015, and completed the registration of ownership transfer on February 27, 2006, and donated the remainder of 404/1,230 shares to F on February 27, 2006, and completed the registration of ownership transfer on the same day.

C. The Plaintiff purchased 826/1,230 of the above shares from E on January 5, 2007, and completed the registration of ownership transfer on September 6, 2007.

On February 8, 2010, the Defendant newly constructed a building stated in the purport of the claim on the part of the instant land.

E. Meanwhile, the registration of the establishment of a neighboring mortgage-holder Hyundai Cement Co., Ltd. and the maximum debt amount of 100,000,000 was completed on March 11, 2005 by the Suwon District Court, Suwon District Court, Port of Law No. 44295 on March 11, 2005. However, the registration of the establishment of a neighboring mortgage was revoked on April 25, 2006 by the above registration office No. 71,717 on April 23, 2006, and the registration of the restoration was completed on May 23, 2006 by the same registration office No. 96,533 on May 23, 206. In other words, the registration of the establishment of a neighboring mortgage was revised to the F’

F. Hyundai Cement Co., Ltd, which is the right to collateral security, applied for the auction of real estate rent to Suwon District Court G with respect to F/404/1,230 of the instant land.

On August 18, 2015, the Plaintiff acquired the share by winning a successful bid of 404/1,230 of the said share in the auction procedure and paying the price in full.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of the claim, and determination of the detailed method for the use and profit-making of the jointly-owned property between the co-owners, shall be determined by a majority of co-owners' shares, as matters concerning the management of the jointly-owned property; and a majority of co-owners who have no agreement on the method of management of the jointly-owned property

Even the administration of the article jointly owned.

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