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(영문) 춘천지방법원원주지원 2013.11.26 2012가단7570
공유물분할
Text

1. Of the 104,363 square meters N. 104, 52, 41, 40, 39, 38, 37, 50, 49, 48, 31, 32, and 1-1 of the annexed drawings among the 104, 363 square meters of Gangwon-gun N.

Reasons

Basic Facts

Around July 2005, Plaintiff B, Defendant E, I, F, K, G, H, and Nonparty P (Defendant L and M) (hereinafter “instant land”) purchased N104,363 square meters in Gangwon-gun (hereinafter “instant land”) and concluded a contract to share the same according to the following investment ratio (hereinafter “instant investment agreement”).

Name B EIF K 10% 15% 5% 5% 5% 5%, Q G H 10% 10% 10% 10% 10% 10%, and 10% 10%, under the above contract, purchased the instant land on July 26, 2005, and thereafter on August 4, 2005.

The registration of shares has been completed at each investment ratio described in the paragraph.

Since Q transferred its shares to Defendant J and Plaintiff, P transferred its shares to Defendant L and M, and the non-party company transferred its shares to Plaintiff C and D, and currently transferred its shares to Plaintiff C and D, the land of this case is owned by Plaintiffs and Defendants according to the following shares:

Co-owners’ equities owned by Plaintiffs A15,654/104, 363 Defendant E 15,657/104, 363 Plaintiffs F, G, and H 10,436/104, 363 Plaintiffs C4,697/104, 363 Defendants C4, 697/104, and 363, respectively, Defendant I, J, and K 5,217/104, 363 Plaintiffs D5,739/104, 363 Defendants L, M, M 2,609/104, and 363 [Grounds for recognition], the entry of evidence No. 1, and the purport of the entire pleadings.

Judgment

The Plaintiffs and the Defendants are co-owners of the instant land, and the fact that no agreement was reached between the Plaintiffs and the Defendants on the division of the pertinent land does not exist, or there is no dispute between the parties, so the Plaintiffs may file a claim against the Defendants for the division of the instant land.

Plaintiff

C. The non-party company asserted that D's claim for partition of co-owned property was transferred to the plaintiff C and D on the condition that the development project of the land in this case was successful.

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