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(영문) 서울고등법원 2016.11.17 2015나2066166
공유물분할
Text

1. The Plaintiff’s claim against the Defendants, which was changed in exchange in the trial and added, is dismissed in entirety.

2...

Reasons

1. Basic facts (1) Of 1,741 square meters (hereinafter “instant land before the instant subdivision”), 1,139/1,741 shares in the 1,741 square meters (hereinafter “the instant land before the instant subdivision”) in Seocheon-si, Seocheon-si, Seocheon-si were owned by K. However, on April 15, 1987, E completed the registration of ownership transfer for G on April 10, 1987 as to the 330.58/1,741 shares of the instant land before the instant subdivision.

(2) On August 6, 1987, the land before the instant partition was divided into 1,139 square meters (hereinafter “instant land”) and L land (602 square meters).

Of the instant land on the same day, E completes the registration of ownership transfer arising from the partition of co-owned property on August 5, 1987, as to the portion of 808.42/1,139 among the instant land, G for the portion of 330.58/1,139, and as to the whole L, K for the whole land.

(3) On January 18, 198, E completed the registration of ownership transfer based on sale on January 15, 1988 with respect to the portion of 808.42/1,139 out of the instant land to the Plaintiff.

(4) On August 23, 198, G completed the registration of ownership transfer for Defendant B and H on the ground of sale on August 20, 1988 with respect to each of the instant land, each of which was completed on August 29, 165.29/1,139. Defendant C completed the registration of ownership transfer for H’s share on December 31, 1999 with respect to 165.29/1,139 of the instant land on November 12, 1999.

(5) On June 2, 2014, the instant land is not more than 948m2,00,000,000 square meters, which is not more than KRW 1,000,000,00.

In this case, "not more than 191§³ prior to D. 2" is "land."

(6) The Plaintiff’s share in Defendant B among the instant land was divided into two parts. (6) The Plaintiff completed the registration of ownership transfer on May 23, 2016 due to the acquisition of consultation on public land on May 19, 2016; Defendant C’s share on May 24, 2016 due to the acquisition of consultation on public land; Defendant C’s share on May 24, 2016; and Plaintiff’s share on June 3, 2016 due to the acquisition of consultation on public land on June 3, 2016, respectively. (7 Plaintiff) The Plaintiff completed the registration of ownership transfer on June 7, 2016 due to the acquisition of consultation on public land on June 14, 2016.

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