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(영문) 광주지방법원 2019.10.02 2019나55339
공유물분할
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 35, 11, 12, 13, among the 2,842 square meters of C orchard in Naju-si, the Plaintiff.

Reasons

1. Judgment as to the main claim

(a) The following facts are not disputed between the parties, or may be acknowledged in accordance with the purport of each entry and whole pleading set forth in Gap evidence 1 to 4:

1) With respect to the share of 24/3,193 square meters among the share of 3,193 square meters in Naju-si 3,193 on March 28, 1996, each ownership transfer registration was completed in the Plaintiff’s future on the ground of sale and purchase (as to the share of 1,585/3,193 on December 29, 1997, with respect to the share of 1,585/3,193, the sale and purchase, 1,584/3,193 on April 30, 201) with respect to the share of 3,193 square meters in Naju-si 3,193, the share of the remaining 3,169/3,193 square meters in terms of donation. 2) The land prior to the said subdivision was divided into C, 2,842 square meters in Dong-si, and 351 square meters in D and orchard.

3) At the time of purchase of shares in 3,169/3,193 of the land before the said subdivision, the Plaintiff: (a) a part of the attached table Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 35, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 11, 12, 13, 14, 15, 16, 17, 17, 18, 20, 23, 24, and 31 of the land before the said subdivision (a) a part of

[4] Since 4), the Plaintiff occupied only the portion (A) and used it as an orchard, and the Defendant occupied only the portion (B) size 24 square meters in sequence connected each point of the attached Form No. 9, 10, 11, 39, and 9 among the instant land, and used it as a site for a dial building.

B. According to the above facts, the Plaintiff purchased the portion of the instant land at the time of purchase of 3,169/3,193 shares of the land before subdivision, and completed a co-ownership registration corresponding to the ownership area as to the entire land before subdivision for convenience instead of completing the registration of ownership transfer by dividing the portion of the instant land (A), and completed a co-ownership registration corresponding to the ownership area as to the entire land before subdivision for convenience. Thus, the

As such, a person who partitioned a specific part of land in the mutual title trust relationship or sectionally owned relation is about that part.

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