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(영문) 서울중앙지방법원 2015.06.23 2014가단141923
공유토지분할 이의
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Each of the facts under the basis of facts below is without dispute between the parties, or acknowledged in Gap, two, four, five, five, Eul, five, six, seven, eight, and nine, taking into account the overall purport of the arguments (including a serial number).

A. The Seoul Dongjak-gu Seoul Metropolitan Government 531.9 square meters (hereinafter “instant land”) is the land owned by eight persons, including Nonparty G, H, I, Defendant Seoul Metropolitan Government, C, D, Plaintiff A, and B.

B. On July 2012, Defendant C applied for the partition of the instant land to the Dongjak-gu Office, the competent authority, as prescribed by the Act on Special Cases Concerning the Partition of Co-Owned Land (established by Act No. 11363, Feb. 22, 2012; hereinafter “Act on Special Cases Concerning the Partition of Co-Owned Land”) with Defendant D, Nonparty H, and I’s consent, and the Dongjak-gu Committee on Co-Owned Land Partition (hereinafter “Committee”) decided to commence partition of the instant land on September 17, 2012, and thereafter the following procedures were followed pursuant to the Act on Special Cases Concerning Co-Owned Land Partition.

- On or before September 20, 2012: Service of a written decision on commencing subdivision to co-owners of the instant land on or before October 2, 2012 - registration of decision on commencing subdivision - around October 24, 2012: Guidance for application for subdivision of co-owned land to co-owners of the instant land on or after January 4, 2013 - receipt of application for subdivision surveying on or before February 13, 2013 through February 22, 2013:: (a) notification for completion of inspection of the results of subdivision: (b) notification for completion of inspection to co-owners of the instant land on or after February 18, 2014; (c) resolution of the Committee on Partition (hereinafter “instant protocol”): (d) notification to the Plaintiffs on or around April 23, 2014; and (d) notification to the Plaintiffs on or around 2014: (e) notification of the written objection to the instant parcels of land;

C. The main contents of the protocol of subdivision of this case are as follows.

The area of the share before the partition of the divided owner is the area of liquidation (land size) after the division.

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