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(영문) 서울고등법원 2014.09.17 2013나33685
공유물분할
Text

1.The judgment of the first instance shall be modified as follows:

The Gangnam-gu Seoul Metropolitan Government U 17,198.3 square meters and V large 1,798.1 square meters.

Reasons

1. Facts of recognition;

A. Each apartment zone of this case is sold in lots and established a reconstruction association 1) Samho Co., Ltd. (Before the alteration: Samho Housing Co., Ltd.; hereinafter “Choho Lake”).

(2) On December 18, 1979, the part corresponding to W, Gangnam-gu Seoul Metropolitan Government 492 square meters, X 5,956 square meters, Y72.6 square meters, and Y72.6 square meters, around December 18, 1979 (hereinafter “instant W, etc.”).

2) On the ground, two apartment buildings with 144 households on the ground (1,2 Dong) (hereinafter “A apartment”)

(1) On November 9, 1982, the portion corresponding to the portion equivalent to 17,198.3 square meters in U.S. (hereinafter “instant U land”) was replaced by the land of Gangnam-gu Seoul, Seoul, AP, Q, AR, AS, and AT with U land in Gangnam-gu, Seoul, and the relevant part of Seoul, Gangnam-gu U land is not before and after replotting.

2) On the ground, 5 units (3 units, 5 through 8 units), 372 units apartment houses (hereinafter “B apartment”) are called “B apartment.”

A) B, V. V. 1,798 square meters corresponding to the corresponding part of 1,798 square meters (e.g., the instant U.S. land) (hereinafter “instant V land”) and the corresponding part of the Gangnam-gu Seoul Metropolitan Government V land (hereinafter “instant V land”), and when the instant U and V land are added together, each of the instant land “each of the instant land” is called “each of the instant land”.

2) On the ground, one unit, welfare facilities and commercial building (hereinafter referred to as “Z surface”)

2) The land of this case and each of the instant land were newly built and sold in lots. 2) A apartment, B apartment (hereinafter “each of the instant apartment buildings” when A apartment and B apartment together), and Z apartment owners were registered as co-ownership, but the share on the registry was converted into the total area of 25,118.35 square meters (hereinafter “public land area”) and the total area of 25,917.6 square meters is less than the total area of 25,99.25 square meters (=25,917.6 square meters - 25,118.35 square meters) and the remaining co-ownership area remains in the name of the seller. The co-ownership area of A apartment owners was more than 350.22 square meters than the instant land, such as W, and the co-ownership share area of B apartment owners was less than 692.58 square meters than the instant land area, and the co-ownership share area of B apartment owners was less than 584 square meters than the instant co-ownership.

c. subparagraph.

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