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(영문) 수원지방법원안양지원 2016.08.05 2014가단109219
공유물분할
Text

1. The plaintiff's main claim is dismissed.

2. Of the instant lawsuit, the registration of the establishment of a neighboring mortgage among the ancillary claims.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by integrating the purport of the entire pleadings in the entry of evidence A No. 1:

On June 10, 1998, D, the Plaintiff’s attached, completed the registration of ownership transfer for reasons of sale on May 11, 1998, with respect to the portion of 35/695.5 square meters (hereinafter “C land”) in Ansan-si, which was owned by the Defendant.

B. Thereafter, on May 21, 2014, the Plaintiff completed the registration of ownership transfer made on May 19, 2014 for D’s 35/695 shares out of C’s land.

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff owns 35/695.5 shares in C’s land, and the Defendant is co-owners who own 660.5/695 shares in C’s land. The Plaintiff seeks partition of co-owned property by the method of spot partition, such as the entries in the primary purport of claim.

B. Determination 1) Following the facts found as follows: (a) there is no dispute between the parties, or there is a conclusion of a sales contract with the Defendant on May 6, 1998 that purchases KRW 40,000,00 (hereinafter “A”) among the certified copies of the cadastral map in the attached Form No. 132.3 square meters (hereinafter “A”) among the certified copies of the cadastral map No. 132.3 square meters in the attached Form No. 793 square meters (hereinafter “C land before subdivision”) among the certified copies of the cadastral map No. 1393 square meters in the attached Form No. 400,000,000 per square meter.

B) The part of C’s land (A) prior to the division on May 23, 1998, which was before the completion of the registration of ownership transfer based on the above sales contract, is divided into a 98.3 square meters adjacent to the 993 square meters adjacent to the 132.3 square meters adjacent to the 993 square meters adjacent to the Dong-gu E during Gyeyang-si, and the F-gu 98.3 square meters (hereinafter “F land”).

) The portion on board (v), part (v) of 35 square meters (hereinafter referred to as "vvi), part (v) of 35 square meters (hereinafter referred to as "vviviviet part"), which was successively connected with each point of 2,9, 13, 16, 8, 1, and 2, the attached appraisal among the land C, namely, the remaining 35 square meters of land.

D) The F.O. 10 on June 10, 1998

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