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(영문) 수원지방법원 2016.01.13 2014가단524557
공유물분할
Text

1. The Plaintiff:

A. As to the Defendant Incorporated Foundation, KRW 11,796,90, and the said Foundation, KRW 11,796,90 and the said Foundation.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased shares of 37/329 shares, among D large 329 square meters (hereinafter “instant real estate”) in Sungsung-si, as a voluntary auction on July 16, 2014.

B. The Defendant Incorporated Foundation (hereinafter “Defendant Foundation”) owns shares of 292/329 among the instant real estate. Of the instant real estate, the Defendant Incorporated Foundation exclusively occupies a portion of 251 square meters of “A” (hereinafter “A”) on the ship connecting each of the instant real estate in sequence 1, 2, 3, 7, 10, 6, and 1, in line with the indication of the attached drawings among the instant real estate.

C. Defendant B purchased and owned the 4th floor building on January 5, 2005, adjacent to the instant real estate, E and F, on or around 5, 2005. Of the instant real estate, Defendant B occupied and used part of 37 square meters in part of “bb” (hereinafter “bb”) connected in sequence 7, 8, 9, 10, and 7 of the attached drawings among the instant real estate as the parking lot for the instant building.

Defendant C’s clan (hereinafter “Defendant C’s clan”) is the owner of G G 222 square meters adjacent to the instant real estate, and among the instant real estate, the Defendant C’s possession of news blocks installed and occupied from February 12, 2015 on the part of the “cine” portion of 41 square meters connected in order to each point of 8, 4, 5, 9, and 8 attached drawings among the instant real estate.

E. From July 16, 2014, equivalent to 37/329, the Plaintiff’s share in the instant real estate, to April 21, 2015, the rent for KRW 2,269,528 per annum, KRW 334,551 per annum, KRW 370,719 per annum, and KRW 370,719 per annum, and KRW 370,719 for the portion as of April 21, 2015, KRW 189,100, KRW 27,900, and KRW 30,900 for the portion as of April 21, 2015.

[Reasons for Recognition] Unsatisfy Facts, each entry and video of Gap evidence 1 to 10 (including provisional number), and the purport of the whole pleadings as a result of a request for a replacement of the H appraiser's office ( appraiser I) by this court

2. According to the above facts of recognition as to the claim for return of unjust enrichment, the defendant foundation is among the real estate of this case.

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