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(영문) 서울북부지방법원 2020.01.22 2018가단104167
공유물분할
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts: (a) purchased the instant land on August 3, 1966 and completed the registration of ownership transfer on September 10, 1966; (b) on April 10, 1967, sold to P 36/9 of the instant land to Q Q 35.5/9 of the instant land on several occasions during the period of sale from August 1968, including selling to P 36/9 of the instant land; and (c) as seen above, the sold shares were again transferred to the remaining Defendants except Defendant N on the grounds of sale, etc.

② On January 22, 1984, Defendant N acquired 16.7/9 of the remainder of the land remaining after the sale as stated in the above paragraph (1) out of the instant land due to inheritance by agreement division.

On January 30, 1996, Defendant N sold 2.84/9 of the 249.9 shares to Defendant K and completed the registration of transfer on February 16, 1996. Accordingly, Defendant N left 13.86/9 shares (=2,772/49,980 shares).

(On the other hand, at the time, Defendant K had already owned 8.8/9.9 of the land in this case, but the ownership share became 1.64/24/249 by purchasing the said additional shares as above). ③ As of the date of the closing of argument in this case, Defendant B, C, E, G, G, J, K, and L own each share of the instant land as indicated in the attached Form 2 co-ownership status table, and own each building on that ground as indicated in the attached Table 2 co-ownership status table. As of the date of the closing of argument in this case, Defendant C, E, G, J, K, K, and L own each building as indicated in the attached Form 3 building indication, and as shown in

On the other hand, the attached appraisal Nos. 5 is used as the passage of adjacent land for the part (g) part (g) connected to each point of the attached Table 11, 15, 7, 8, 17, 16, 22, 21, 10, 4, and 11 (hereinafter “instant road site”) and the Defendant N did not own the building on the previous land.

④ Part of the ownership of Defendant B, E, R (the owner at the time of Defendant F’s ownership), J, G, and H J.

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