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(영문) 서울남부지방법원 2017.06.01 2017가단215487
공유물분할
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the purport of the entire pleadings, the following facts may be acknowledged in each entry in Gap evidence No. 1-1 to 6 of the basic facts:

With respect to the land of this case, Geumcheon-gu Seoul Metropolitan Government D. 19.9 square meters and E, 697.8 square meters (hereinafter “instant land”), each Plaintiff owns 1/2 shares, Defendant B. 179.42 shares, and Defendant C. 179.42 shares, respectively, and Defendant C owns 179.42 shares, and Defendant C owns 179.42 shares, on the ground of the said land. On December 9, 1981, 219.5 square meters, 219.5 square meters, 124.63 square meters, 215.8 square meters, and 1.32 square meters, 24.63 square meters, and 1.32 square meters, 1.32 square meters, and 1.32 square meters, and 1.32 square meters, etc. (hereinafter “the instant multi-unit housing”) of the instant multi-unit housing in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the instant multi-unit housing”).

B. From June 2, 1999, the Plaintiff owned No. 202 and No. 102 of the second floor among the instant apartment houses, and Defendant C owns No. 201 of the second floor among the instant apartment houses from April 10, 2001, and Defendant B owns No. 101 of the first floor among the instant apartment houses from April 11, 202.

2. The Plaintiff’s assertion is a building in very old and dangerous condition with the approval of use on April 30, 1981. The Plaintiff was defective in rebuilding to the Defendants, but it did not reach an agreement by demanding the Defendants to purchase the apartment house owned by the Defendants at the excessively high price.

The plaintiff needs to reconstruct for the safety of life and body. Thus, the plaintiff revised the rules and cancelled the land of this case from the site ownership of the apartment house of this case and entered into the lawsuit of this case to divide it.

3. Article 47 (1) and (2) of the Act on the Ownership and Management of Aggregate Buildings ("the Act") is damaged, partly destroyed, or otherwise destroyed, for which a reasonable period has elapsed after the construction of the building.

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