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(영문) 서울동부지방법원 2017.02.09 2014가합13516
공유물분할 등
Text

1. Of the instant principal lawsuit, 1/2 shares in the name of the Plaintiff (Counterclaim Defendant) out of the right to permit the occupation and use of public waters.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) The Plaintiff and the Defendant are real estate listed in [Attachment 1] Nos. 1 through 12 in [Attachment 1] and each of the real estate listed in [Attachment 1] List “each of the instant real estate” (paragraph 13 is referred to as “real estate for convenience, although it is permitted to occupy and use public waters listed in Annex 4). The real estate listed in each of the above paragraphs is abbreviationd by “

[2] On October 4, 2010, the Plaintiff and the Defendant jointly acquired and newly built real estate of paragraphs 1 through 4, 7, 10, and 11 among them, owned each share of both the Plaintiff and Defendant 1/2. The real estate of paragraphs 5, 6, 12 is owned by the Plaintiff, and the real estate of Articles 8 and 9 is owned by the Defendant, respectively. (2) On October 4, 2010, the Plaintiff and the Defendant obtained permission for occupancy and use of public waters of attached Table 4 (hereinafter “permission for public waters of this case”) by setting the period from October 4, 2010 to December 31, 2015 as the joint name of paragraph (13).

C Eup on December 22, 2015, the period of permission for the public waters of this case was extended from January 1, 2016 to December 31, 2018.

B. 1) On December 27, 2013, the Plaintiff and the Defendant entered into an agreement on the division of each of the instant real property jointly owned (hereinafter “instant agreement”) as shown in attached Form 5 with respect to each of the instant real property (hereinafter “instant agreement”).

2) It is interpreted that the Plaintiff and the Defendant agreed to divide the ownership of each of the instant real estate as follows.

The real estate owner under paragraph (1) is not the owner of the pre-owner agreement on the real estate, and the real estate owner under paragraph (2) is the original owner of the real estate under paragraph (4) and the real estate owner under paragraph (3) of the attached Form 2 after the merger and division, and the real estate owner under paragraph (4) and the real estate owner under paragraph (2) of the attached Form 2 after the merger and division, the real estate owner is the real estate owner under paragraph (7) of the real estate, the real estate owner under paragraph (8) of the real estate, the real estate owner under paragraph (9) of the real estate Defendant 10 of the real estate Defendant 10 of the real estate, the real estate owner

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