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(영문) 수원지방법원 2016.11.04 2015나17453
공유물분할
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) C, Defendant D, E, and.

Reasons

1. Basic facts

A. On July 6, 1992, Defendant C, D, E, I, J, and K purchased and delivered each specific portion of the land before the instant subdivision (hereinafter “instant subdivision”), and the registration in relation thereto was completed with co-ownership registration of 748/426, 30/426, 109/426, 89/426, 716/426, 99/426, 9426, and 942/426.

B. The land before the instant partition was divided into several lots. Among them, the instant land was divided by Defendant C; Defendant D, Defendant D, Defendant D, Defendant E, Defendant E, Defendant 867 square meters in U large eight hundred and sixty-six square meters in size; J J in the case of M large and eight-63 square meters in size in size; and K in the case of five large and nine-eight square meters in size in size in size, respectively.

C. As to U land on July 20, 1995, Defendant E: (a) on September 1, 1994; (b) on L land on August 27, 1998, Defendant E terminated of a mutual title trust; (c) on November 12, 1997, J terminated of a mutual title trust; (d) on M land on December 27, 2002, on November 11, 1997, K completed a mutual title trust on land on November 35, 2004; and (e) on land on November 25, 2004, K completed a separate ownership transfer registration on October 25, 2004.

Of the instant land, I’s co-ownership 932/4426 was transferred to N on December 24, 2003 due to sale by voluntary auction, transferred on March 19, 2004 toO for sale and purchase, and transferred on June 1, 2009 to Plaintiff A.

E. Of the instant land, J’s co-ownership 746/4426 was transferred to Plaintiff B on October 11, 2005 due to sale and purchase.

F. Of the instant land, K’s co-ownership 971/4426 was transferred on November 18, 201 to Defendant F on the ground of inheritance by agreement and division.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 13 (if there is a ground for recognition, including branch numbers; hereinafter the same shall apply), Eul's 1 through 6, the purport of the whole pleadings and arguments

2. On the premise that the Plaintiffs acquired co-ownership shares of the instant land, the Plaintiffs sought a partition of co-owned property as to the instant land.

However, it owns a specific part of land inside.

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