beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is jointly owned by the Defendant and/or 1/2 of the buildings listed in Paragraph 2 of the List of Real Estate (hereinafter “instant building”) as indicated in Paragraph 1 of the attached Table of Real Estate (hereinafter “the instant building”). The Plaintiff seek for the division of co-owned property jointly owned by auction, division, or price division against the entire building site and the instant building.
2. Facts recognized;
A. The instant building is one building, which has a stairs room in the central part of the building, and the branch and the second and the third floors are based on the center of the stairs room, and the 2nd and the first floor are composed of 6 stores, one respectively, one respectively, and 3, one respectively, respectively, respectively, and 6 stores are used independently. Each part is used independently.
B. On November 1, 2007, the Plaintiff purchased at a specific part corresponding to the 1/2th of the instant building from C, specifying three stores of the first floor, 3 floors, 2 floors, and 3 floors, respectively, and 1/2 of the stairs, located on the right side in the front of the instant building, from the front of the instant building.
C. C sold to the Plaintiff a specific portion corresponding to 1/2 from the entire building of this case, and did not register it as a partitioned building, and made a co-ownership transfer registration (this court No. 72739, Nov. 20, 2007) with respect to co-ownership of 1/2 shares in proportion to the selling area of the entire building (No. 72739, Nov. 20, 2007), and together made a co-ownership transfer registration with regard to 1/2 shares in the instant building site.
After that, the Plaintiff used 1st, 1st, 3, 1st, 1st, 2nd, 2nd, 2nd, 3rd, 2nd, 3rd, 3rd, 2nd, 3rd, 2nd, and 3rd, 2nd, and 4th, 2nd, 2nd, 3rd, and 3rd, respectively.
E. C died on November 25, 2009. On the same day, the Defendant transferred the share of 1/2 shares owned by C among the instant building and the instant site to the Pyeongtaek registry office as of April 29, 2010, and as to the share of 1/2 shares due to inheritance by agreement and division as of April 29, 2010.