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(영문) 창원지방법원 2016.10.06 2015가단83876
공유물분할
Text

1. The defendant shall jointly own 1/3 shares (the part owned by the plaintiff) among 1,120 square meters of land for factory in C at the time of grace from the plaintiff.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on October 21, 1998 with respect to C’s land for factory (hereinafter “instant land”).

B. Meanwhile, on June 26, 2002, the Defendant: (a) leased the instant land to D Co., Ltd., a representative director; (b) determined the lease deposit amount of KRW 5 million; (c) monthly rent of KRW 600,000; and (d) the lease period of July 1, 2002 from July 1, 2002; and (b) agreed to use the buildings listed in the attached Table 1 list (attached Form 2(a) and (b) among the buildings located on the said land for ten (10) years and transfer them to the Defendant without any condition, as part of the rent after ten (10) years.

C. The registration of ownership transfer was completed on July 7, 2009 with respect to one-third share of the instant land due to division of property under the name of E on July 7, 2009.

E As the Changwon District Court 2012Kadan771, the Defendant and D sought a partition of the instant land and the removal of the instant building on the ground of the instant land. On April 20, 2012, the conciliation was concluded that “E shall receive KRW 385,00,000 from the said company, and at the same time, receive payment from the said company for KRW 385,00,000,000, out of the instant land owned by E, to implement the procedure for registration of transfer of ownership on April 20, 2012.”

E On September 4, 2012, on July 13, 2012, completed the registration of ownership transfer on the ground of sale (385,000,000 won) on the portion of 1/3 of the instant land to the Plaintiff.

E. On the other hand, on September 4, 2012, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) consisting of 1/3 shares and other one parcel of land, ground goods, etc. among the instant land, jointly with the maximum debt amount of 280,00,000 won, and the establishment of a mortgage (hereinafter “registration of creation of a mortgage of this case”).

F. Meanwhile, the Defendant, as the Head of Changwon District Court 2013Kadan2121, was the Plaintiff.

The land of this case is subject to the special contract of this subsection.

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