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(영문) 춘천지방법원 속초지원 2018.07.20 2017가단31410
공유물분할
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 4, 2012, the Plaintiff completed the registration of ownership transfer with respect to the instant land (hereinafter “the instant land”).

B. On January 28, 2013, the Plaintiff completed each registration of preservation of ownership on the instant land’s residential facilities No. 1, 214.17 square meters (hereinafter “family building”) and the instant land’s residential facilities No. 1, Dong-dong’s Class I, Dong-dong, and the instant land’s residential facilities of No. 82.48 square meters (the “second class neighborhood living facilities” was changed to “second class neighborhood living facilities”; hereinafter “(B)”).

C. On November 11, 2015, the Plaintiff entered into a sales contract with the Defendant to sell the instant building for KRW 200 million (hereinafter “instant sales”). On November 18, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant sales subject matter in the name of the Defendant.

After that, the Plaintiff thereafter occupies a portion of 361.3 square meters (hereinafter referred to as “(a) land”) on the ship (hereinafter referred to as “(a)”) which connects each point of the attached drawing Nos. 1, 2, 3, 4, 5, and 1 among the instant land as the site for the building (A), and the Defendant occupies a portion of 106.6 square meters (hereinafter referred to as “b) on the ship (hereinafter referred to as “B”) which connects each point of (b) the same drawing No. 1, 5, 6, 7, and 1 in sequence.

[Ground of recognition] A without dispute, Gap evidence 1, Gap evidence 3, Eul evidence 6 and 7 (including additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff and the Defendant agreed to divide the land (1) into the Plaintiff and the Defendant, respectively, (2) land.

(hereinafter “instant sectional ownership agreement”). Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the ground of termination of mutual title trust with respect to the portion of the Defendant’s share in the land (A) on the ground that mutual title trust is terminated for the Plaintiff.

B. Legal doctrine-shared co-ownership is to specify the location and area of a parcel of land and to divide ownership by many people.

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