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(영문) 서울서부지방법원 2015.06.11 2014가합1041
공유물분할 및 공유관계확인 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant, the appointed party) and the appointed party C are either land listed in attached Table 1.

Reasons

Basic Facts

On August 25, 192, the land indicated in paragraph (1) of this Article (the above land was originally 334 square meters, and 6 square meters among them was divided into Seoul Mapo-gu D and was incorporated into the road; hereinafter collectively referred to as the “instant land”), among the land written in paragraph (2) of this Article, the building No. 2 attached Table 1 (hereinafter referred to as the “building No. 1”) was newly constructed on the ground indicated in paragraph (2) of this Article, and the building No. 3 attached Table 1 (hereinafter referred to as the “building No. 2”) on the ground indicated in paragraph (1) of this Article, and the building No. 1 and 2 attached Table No. 3 (hereinafter referred to as the “building No. 2”) was approved for the use of the building around October 4, 1975.

The instant land was owned by E, and E, around June 30, 1976, transferred to F the 51/101 shares of the instant land to F, and the 51/101 shares of the instant land (hereinafter “51/101 shares”) were F, and the remaining 50/101 shares of the instant land (hereinafter “50/10 shares”) were owned by E.

E has completed registration of preservation of ownership of No. 1 building around December 1975, and F has completed registration of preservation of ownership of No. 2 building around August 6, 1976.

The building Nos. 1 and 2, 50/101 and 51/101 shares were transferred from E and F to each other over several occasions. The defendant completed the registration of ownership transfer for the building Nos. 1 and 50/101 shares from G on January 14, 1986.

On August 28, 1997, the Plaintiff completed the registration of transfer of ownership by winning a successful bid of 51/101 shares and 51/101 shares of the I-owned building in the H voluntarily auction procedure with the Seobu branch of the Seoul District Court, and completed the registration of transfer of ownership with respect to 25.5/101 shares out of 51/101 shares and 1/2 shares of the building No. 2 on December 26, 2005 on the ground of donation on December 22, 2005.

[Ground] The facts without dispute, Gap's statements in Gap's evidence 1 to 5 (including the number of branch offices; hereinafter the same shall apply), and the whole purport of the pleadings are determined together with the main claim of the plaintiffs in the main lawsuit and the defendant's counterclaim.

The Party’s assertion;

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