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(영문) 의정부지방법원고양지원 2020.06.26 2018가합73037
공유물분할
Text

1. The Plaintiff is solely responsible for the division of BA large 310 square meters and BB large 2278 square meters in Paju-si, Paju-si, and the BA large 310 square meters in Paju-si.

Reasons

1. Fact-finding;

A. The Plaintiff and the Defendants shared the share ratio in the column of “before partition” in the attached Table 1 attached hereto, in the case of a strike on the current co-ownership of real estate, BB large 278 square meters (hereinafter “B”) and BA large 310 square meters (hereinafter “BA land”); and BB land and the entire land “the instant land” are jointly owned by the Plaintiff and the Defendants according to each corresponding share ratio indicated in the table of share ratio.

(B) The shares of the defendants are owned by the owner of the aggregate building.

The Plaintiff and the Defendants shared the instant land: (i) around July 10, 1985, Defendant AY Co., Ltd. (the title before and after the alteration; hereinafter “Defendant AY” regardless of whether it was before and after the alteration of the name), was a company engaging in a construction business, and owned BD 29 square meters (hereinafter “B land before the division”) and BE 56 square meters (hereinafter “BF land”); (ii) around 1984, the Plaintiff and the Defendants constructed the “BG apartment apartment commercial building” (hereinafter “instant main apartment building”) on the land before the division, which is an aggregate building of five stories on the land before the division, and completed the preservation registration on July 10, 1985; and (iii) as the aggregate of the area of the land before the division and the area of the BE 2929 square meters and the area of the land in the instant multi-use building (the “2985 square meters” is the aggregate of the area of the land before the division and the area of the land).

around May 22, 1986, the Plaintiff purchased 353.2/2985 shares of the land BB before subdivision from Defendant AY, and completed the registration of ownership transfer on March 17, 1987.

In addition, the Plaintiff entered into a construction contract with Defendant AY for the construction of a new building and newly constructed a 4th floor building (hereinafter “Plaintiff’s building”) in part of the land BB before division, and completed registration of initial ownership on April 25, 190.

Consolidatedly, the remaining Defendants except Defendant AY shall state the corresponding section of exclusive ownership in the column of “building indication” in attached Table 1 among the main complex buildings of this case.

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