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(영문) 수원지방법원 2017.08.08 2015가단54499
공유물분할
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On August 22, 1995, the main complex building was newly constructed on the ground of 5 stories underground and 19 stories above the ground on the land of 2,294.7 square meters in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and the commercial building (hereinafter “instant commercial building”) from the first to the fifth floor above the ground.

B. Since the construction of the commercial building of this case, the commercial building of this case was divided into 482 stores, each floor and number of houses were specified, and the registration of divided ownership was completed.

C. However, on September 2, 200 and October 15, 2000, the whole store of the instant commercial building, which was registered as above, was purchased and completed the registration of ownership transfer, was removed on June 13, 2001, and all of the instant commercial building was divided into 755 stores, and installed internal interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior space, such as partitions in the instant commercial building.

Since then, A.M.com sold 57 out of the 755 stores installed as above, and removed partitions, etc. installed in the instant commercial building, in order to ensure that the sales stores and the rest stores are not leased.

Currently, the commercial building of this case is currently used without being divided by each store, as stated in the building ledger and the register book.

E. The Plaintiff (Appointed Party) and the appointed parties, and the Defendants are those who sold the first floor among the instant commercial buildings from the LAB.com and completed the registration of divided ownership as shown in the annexed Table 1.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, Eul evidence 1 to 3, Eul evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The gist of the parties’ assertion is that the Plaintiff (Appointed Party), the Appointed Party, and the Defendants shared the first floor of the instant commercial building, and that the agreement on the division is not reached. As such, the Plaintiff’s assertion that the first floor of the instant commercial building should be attached to the auction and the price should be divided according to the ratio of shares.

For this reason,

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