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(영문) 인천지방법원 2018.08.21 2017가단28084
공유물분할
Text

1.(Attached 1) The real estate listed in the list shall be put to an auction and the proceeds of the auction shall be deducted from the auction.

Reasons

1. Determination as to the partition of co-owned property as to the claim for partition of co-owned property on the Dong-gu Incheon Metropolitan City G-gu 85 square meters (hereinafter “instant land”).

A. The Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on August 7, 2017, on the ground of the sale by compulsory auction as of August 1, 2017 with respect to 10/40 of the instant land among the instant land No. 1. 2) Defendant Dong-gu Incheon Metropolitan City (hereinafter “Defendant Dong-gu”) established and implemented “H District Residential Environment Improvement Plan” from December 1995, and accordingly, acquired 30/40 of the instant land for the construction of fire-fighting roads.

The defendant Dong-gu owns the shares as of the date of closing the argument in this case, and the date of acquiring the shares and the grounds for registration are as follows:

8/40 Shares: Shares acquired on September 5, 1996 (acquisition of land for public use as of September 5, 1996): 15/40 Shares: Shares acquired on January 21, 1997 (acquisition of land for public use as of January 21, 1997): 7/40 shares: Acquisition on July 31, 1997 (acquisition of land for public use as of January 21, 1997): Acquisition on July 31, 1997 (acquisition of land for public use as of July 31, 1997: Acquisition of land for public use as of July 31, 1997): the road is constructed on the upper part of the land for public use as of July 1, 199 (acquisition of land for public use as of July 31, 1997). There is no dispute over the ground for recognition: evidence No. 1, No. 2

B. The plaintiff and the defendant Dong-gu's assertion 1) is the co-ownership owner of the land of this case. However, since the plaintiff and the defendant Dong-gu who are co-owners of the land of this case did not reach an agreement as to the partition of co-owned property, and it is also impossible to divide the land of this case in kind, the plaintiff sought a partition of the co-ownership of the land of this case as to the land of this case in the way that the land of this case was sold at auction and the proceeds of the sale are divided by co-ownership except the auction costs. 2) The land of this case is constructed on the land of this case, and the defendant Dong-gu is managing the land of this case as administrative property after the construction

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