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(영문) 대구지방법원 서부지원 2017.02.07 2016가단1582
공유물분할
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Based on the facts, attached Table 1. The land indicated in the list (hereinafter “instant land”) and the land adjacent thereto (hereinafter “instant adjoining land”) was unregistered land that D was registered as the owner on the land cadastre, and on May 17, 2007, the registration of preservation of ownership was completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate in the Defendant’s name; among which, on March 13, 2013, the registration of ownership transfer was completed on the instant adjoining land as of February 15, 2013.

[Ground for recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers in the case of additional numbers), each argument of the purport of the whole pleadings, and the plaintiff's protocol of the plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's assertion of the purport of the whole pleadings, among the neighboring land of this case and the land of this case, are about 342 square meters and about 342 square meters connected in order of each point of (a) of the annexed sheet Nos. 3. 10, 17, 16, 6, and 10 of the annexed sheet Nos. 3. 10, 17, 16, and 10 of the annexed sheet Nos. 3. 2. The annexed document No. 3. is the drawings submitted by the defendant, and the annexed document No. 2. 3 does not include part of the adjacent land of this case that the plaintiff and the defendant possessed, therefore, the land shall be specified on the basis

After purchasing a house from D who is the owner of land B and constructing it, the Plaintiff resided in the Plaintiff. Of the instant land, the part of the ship (B) connected each point of the annexed Table 3. Map No. 1 through No. 4, 15, 17, 10 through 14, and 1 has been occupied by the Defendant.

The plaintiff and the defendant around May 17, 2007 shall make registration of preservation of ownership in the name of the defendant in accordance with the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate. However, the plaintiff shall occupy the land of this case and the adjoining land of this case after the preservation registration.

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