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(영문) 서울남부지방법원 2020.03.04 2019가단236686
공유물분할
Text

1. Attached Form;

1. The remaining amount of the real estate stated in the list, which is put up for auction and deducted from the proceeds thereof;

Reasons

1. Progress of this case

A. The registration of ownership was completed on June 22, 2004 by constructing a building consisting of 44 households on the third basement floor and 12th floor above the ground (hereinafter referred to as the “Defendant AI”) in the 594.3 square meters in a combined AM 594.3 square meters, which was combined after dividing a part of the land belonging to the AL in Ansan-si, Ansan-si.

Meanwhile, Defendant AI newly constructed a mechanical parking lot building of 2 stories underground and 5 stories underground (hereinafter “instant land and parking lot”) on the remaining AL large 594m3m2 after division, and completed the preservation registration on May 27, 2004.

B. The Plaintiff (Appointed Party; hereinafter the Plaintiff) and the designated parties shall pay the auction price on June 20, 2019 to the instant land and parking lot in the attached Form No. 52,53 shares in the AP ranking from the auction of the instant case, which were owned by the Suwon District Court, along with the Ganyang Branch AO (hereinafter the instant auction) of the Suwon District Court, for all shares in the AP ranking No. 52,53 shares in the attached Form from the auction of the instant case.

2. The shares were registered as stated in the shares of co-ownership.

C. As to the land and parking lot of this case, the defendants are listed in the separate sheet

2. It is registered as an owner of the same co-ownership share as the stated shares;

[Reasons for Recognition] Facts without dispute, the purport of the whole pleading

2. The allegations and judgment of the parties

A. The plaintiff asserts that the land and the parking lot in this case are divided into the elevator type mechanical parking lot with a specific location and area, and they are jointly owned as stated in the register. The owner N in the owner NN Building AT cannot be viewed as a accessory of NN because the land and the parking lot in this case are not owned by the land and the parking lot in this case. Thus, since the spot type division cannot be seen as a accessory of NN, it is claimed that the method of payment is divided after the auction.

The defendants are the land and parking lots in this case, which are attached parking lots constructed pursuant to Article 19 of the Parking Lot Act in the course of constructing a new tourist area.

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