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(영문) 서울중앙지방법원 2017.07.20 2015가단5343486
공유물분할등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. As of July 6, 2012, the Plaintiff owned a share of 3046 square meters of D forest land, E forest land 468 square meters, and 195/390 square meters of F prior to 390 square meters, and Defendant B owned a share of 2270 square meters prior to G.

The above lands are located across or in the vicinity of each other as shown in the attached Form.

B. The Plaintiff is a real estate development act, and the Defendants are married between husband and wife.

The plaintiff above A.

On July 6, 2012, in planning to develop the land, etc. owned by the Plaintiff as indicated in the port, a written agreement (No. 1 certificate; hereinafter “instant agreement”) was made with Defendant B to secure access roads to both land. The main issues of this case are as follows:

D E F AG B D E F E

C. Pursuant to Article 1 of the instant agreement, the Plaintiff sold to Defendant C (Defendant B’s wife) the shares of 264/432 (hereinafter “instant land”) out of the land Kimpo-si (hereinafter “Si/Myeon”) E for the purpose of the access road site, etc. on May 24, 2013, and Defendant C completed the registration of ownership transfer in its future.

According to the instant agreement entered into between the Plaintiff and the Defendant B, Defendant B intended to purchase the instant land, and Defendant C purchased the instant land under the name of Defendant C under mutual agreement.

The Defendants issued the Defendant C’s consent and certificate of personal seal necessary for the designation of the instant land to the Plaintiff on two occasions on February 7, 2014 and May 19, 2014, respectively.

However, around July 17, 2014, the Plaintiff requested the Defendants’ consent and certificates of personal seal on the instant land through content-certified mail. The Defendants first refused the Plaintiff’s request and issued Defendant C’s consent and certificates of personal seal impression to the Plaintiff around September 11, 2014.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 3 evidence (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1.

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