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(영문) 서울북부지방법원 2016.02.02 2014가단118663
공유물분할
Text

1. With respect to 269 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul, the attached appraisal map connects each point in sequence of 1,2,3,4,12, and 1.

Reasons

1. Basic facts

A. As to the Elux 269 square meters in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant land”), Plaintiff A acquired shares on June 4, 2012; Plaintiff B and C acquired shares on July 30, 2004; and Defendant acquired shares on June 69, 2002, respectively.

However, the share of the land of this case acquired by the defendant is F by voluntary auction on August 6, 1997.

B. Out of the land in this case, the ship connects each point of the attached specifications 1, 2, 3, 4, 12, and 1 in sequence among the appraisal drawings.

Part A connects each point of the 11,6,7,8,9,10 and 11 of the same drawings to a building purchased or acquired by Plaintiff A on June 4, 2012.

Part B and C connects each point of the 12,4,5,6,11 and 12 of the same drawings with the building purchased or acquired on July 30, 2004.

Some parts include buildings purchased by the defendant on March 20, 2002.

However, the above building acquired by the defendant is acquired by G by voluntary auction on March 23, 2001.

C. Meanwhile, there was no agreement between the plaintiffs and the defendant on the method of dividing the pertinent land.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination

A. The nature of the co-ownership relationship between the plaintiffs and the defendant (1) unless it is proved that the share in the land in the sectionally owned co-ownership relation is reflected in the sectionally owned co-ownership relation of the specific part of the land, and thus the appraisal and the lowest auction price has been made and the auction has been conducted, the purchaser shall legally acquire the share in the entire one parcel, and the existing mutual title trust relation is extinguished. This does not change depending on the purchaser's perception as to the sectionally owned co-ownership relation (see Supreme Court Decision 2006Da68810, Feb. 15, 2008). (2) The instant case is public health zone, and ① the sectionally owned co-ownership relation between co-owners.

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