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(영문) 서울서부지방법원 2018.01.23 2016나3298
공유물분할
Text

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

The Seodaemun-gu Seoul Metropolitan Government JJ 249.4m2 is put up for auction.

Reasons

1. The plaintiff asserted that the counterclaim of the defendant (Counterclaim) did not meet the requirements of the counterclaim because it was not related to the claim of the principal lawsuit. However, the counterclaim of this case is filed for registration of cancellation on the premise that the plaintiff did not acquire 36.16/748.2 shares out of the land of this case, and it is closely related to the claim of this case seeking partition of co-owned property and return of unjust enrichment on the premise that the plaintiff is the owner of the above share. Thus, the plaintiff's prior defense of the principal lawsuit is without merit.

2. The judgment on the merits and the counterclaim shall also be deemed to have been filed.

A. The facts of recognition (1) K and L, while sharing the instant land, newly constructed the first floor and the fourth floor above the instant land on August 23, 191 and completed the registration of initial ownership on each of the above buildings on August 23, 191.

(2) On October 20, 1992, K completed the registration of ownership transfer with respect to the 1/8 shares of each of the instant buildings and about 1/8 shares of the instant land to P on November 20, 1996, and M completed the registration of ownership transfer with respect to the 1/8 shares of the instant building and 1/249 shares of the instant land to Defendant I on February 22, 2000, while the registration of ownership transfer was completed with respect to the 1/8 shares of the instant building and 13.1/249 shares of the instant land, the 36.16/748.2 shares of the instant land was owned as they are, and around May 31, 2005, the compulsory auction procedure for the shares was commenced with respect to the said 36.16/748.2 shares as of May 31, 2005, the Plaintiff purchased on September 16, 2006 and completed the registration of ownership transfer.

(3) As to the shares of 36.16/748.2 of the instant land in the Plaintiff’s name, with respect to each of the shares of 1/8 shares in the Defendant (Counterclaim Plaintiff) B, C, D, E, and with respect to the shares of 93.48/748.2, with respect to the shares of 1/8 shares in the Defendant (Counterclaim Plaintiff) F, with respect to Defendant I’s name, with respect to the shares of 13.1/249.4 shares, Defendant I’s name, with respect to the shares of 31.18/249.4 shares, and with respect to the shares of 93.54/748.2 shares in the Defendant (Counterclaim

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