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(영문) 서울고등법원 2020.11.10 2019나2040841
공유물분할
Text

1. include the claims of the Plaintiff’s succeeding intervenor who participated in the court and the claims of the Plaintiff changed accordingly.

Reasons

1. Basic facts

A. The real estate indicated in paragraph (1) of the attached list No. 1 (hereinafter “instant land”) is owned by the Plaintiff, the Intervenor succeeding to the Plaintiff, and the Defendants in proportion to their shares as indicated in the attached list No. 2, and is recorded in the real estate registration register.

B. The real estate listed in Paragraph 2 of Attached Table 1 (hereinafter “instant building”) constructed on the instant land is owned by the Plaintiff, the Plaintiff’s succeeding Intervenor, and the Defendants in proportion to their shares as indicated in Attached Table 3, and is indicated in the real estate registration register.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 22 and 23 evidence (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The ownership relationship between the Plaintiff, the Plaintiff’s succeeding Intervenor, and the Defendants on the instant building constructed on the instant land by the Plaintiff and the Plaintiff’s succeeding Intervenor is an ordinary co-ownership relationship.

Inasmuch as co-owners on the instant land and building did not reach a co-owned property partition agreement, the co-owned property partition is sought through auction division.

B. Defendant B, C, and D were in the sectionally owned co-ownership relation since the construction of the instant building.

Defendant B Co., Ltd. (hereinafter referred to as “B”) co-ownership of the part (Ga) (hereinafter referred to as “Ga) connected in order to each point of Annex 1, 2, 9, 10, and 1 among the 1st floor of the instant building, and the part (Ga) connected in order to each point of Annex 1, 2, 11, 12, and 1 of Annex 5 among the 2nd floor of the instant building.

Defendant C sectional ownership of the part (B) (hereinafter referred to as “part (B)) connected in sequence to each point of Annex 3, 4, 7, 8, and 3 among the 1st floor of the instant building, and the part (e) connected in sequence to each point of Annex 5, among the second floor of the instant building, the part (e) connected in order to each point of Annex 3, 4, 9, 10, and 3 (hereinafter referred to as “the part (e) (hereinafter referred to as “the part (e)”).

Defendant D . This is the case.

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