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(영문) 서울중앙지방법원 2018.12.07 2017나76625
공유물분할
Text

1. All appeals filed by the Defendant (Appointeds) and the designated parties are dismissed;

2. The costs of appeal are assessed against the Defendant (Appointed Party).

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter referred to as “each land of this case”) is a real estate in which the Plaintiff shares 6/36, 12/36, 36, 8/36, 6/36, 99, 6/36, 6/36, and 5/36, respectively.

B. Each of the instant lands is a sloping-type land, the specific use area of which is designated as a general commercial area under the National Land Planning and Utilization Act, and F and G land adjoining with a packaging road inside and outside 28 meters wide, and H land is a form that allows entry into the said packaging road through F land.

C. There are three unregistered buildings on each of the instant lands, and about 57 square meters on each floor of a building 1st floor of a brick gyllies roof ( neighboring residential facilities) is located in F and G land; about 38 square meters on each floor of a brick gyllies roof ( neighboring residential facilities and storage facilities) are located in F and G land; and about 24 square meters on each floor of a wooden tent ( neighboring residential facilities and storage facilities) are located in F and H land.

Since September 1996, the Selection C has leased each of the above unregistered buildings to the Plaintiff and paid some of the rent profits. On May 15, 2018, a total of seven lessees have leased each of the above unregistered buildings.

Until the closing date of the instant case, there is no agreement between the Plaintiff, the Defendant, and the designated parties on the division method of each of the instant lands.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 (including provisional number; hereinafter the same shall apply), Eul evidence 2 to 4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition, the Plaintiff, the Defendant, and the designated parties shared each of the instant real estate at their respective shares, and the co-owners did not reach an agreement on the method of partition. Therefore, the Plaintiff’s share based on co-ownership right against the Defendant, the designated parties, who are the remaining co-owners.

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