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(영문) 창원지방법원 2016.07.14 2015나37454
건물등철거
Text

1. The conjunctive claim of the first instance judgment regarding a counterclaim shall be revoked.

2. Preliminary claim among the instant counterclaim.

Reasons

1. Basic facts

A. Since around 1989, the Plaintiff Company purchased all the remainder of the share of “L,” among the share of each land in the “L,” which is an island in Si/Gu, Si/Gu, Si/Gu, with the exception of net M. As such, the Plaintiff Company purchased the remainder of the share of “L”. Therefore, the Plaintiff Company is the “land No. 1” in Si/Gu, Si/Gu.

2) As to the land of this case, I large scale 219 square meters (hereinafter “instant land”).

22,994 square meters of J-forest land (hereinafter “instant third land”)

(A) G forest land 1,363 square meters (hereinafter “the instant land”) is the instant land 4

2) As to the land of this case, H 395 square meters (hereinafter “the land of this case”) is deemed to be “the land of this case 5”

As to the Plaintiff, the Plaintiff owned and shared shares 211,438/230,579 ( approximately 92%) and M 19,141/230,579 ( approximately 8 per cent) respectively. 2) Accordingly, Defendant A completed the registration of ownership transfer for respective shares of M out of land Nos. 1, 3, 4, and 5 in this case due to inheritance. Defendant C completed the registration of ownership transfer for the shares of M out of land No. 2 in this case due to sale.

3) In the auction procedure conducted according to the judgment in the partition of co-owned property as to the land No. 3, Changwon District Court 2006Gadan9179, which ordered the payment division as to the land No. 3, Defendant B, C, E, and Non-Party C purchased each share of 230,579/922,316 among the land No. 3, and Defendant D purchased the ownership of theO and completed the registration of ownership transfer. (B) In the partition of co-owned property as to the partition of co-owned property as to the land No. 1, 2, 4, and 5, which was instituted against the Plaintiff by the Defendant A and C, the Changwon District Court 201Ga606, the co-owned property partition as to the land No. 1, 6006, and the legal relations, such as superficies, etc. on each of the above land were adjusted in a separate litigation procedure after completion of the auction procedure for the division of the price, and accordingly the extension of the auction procedure is in progress.

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