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(영문) 수원지방법원 2017.08.29 2015가단65512
공유물분할
Text

1. The Plaintiff:

A. Defendant B is one of the marks 1, 2, 3, 4, 5, and 1 on the attached sheet 1, 2, 3, 4, 5, and 1 among the landing 1,650 square meters in Sungsung-si D.

Reasons

1. Facts of recognition;

A. In conclusion of a sales contract between the Plaintiff and the non-party company (1) around 2004, the Plaintiff obtained permission for apartment construction on the condition that a road and delivery are installed by expanding approximately 4.7 meters on the existing road for the smooth passage of the vehicle from the competent administrative agency, on the condition that a road and delivery are installed by extending approximately 4.7 meters from the existing road for the smooth passage of the vehicle.

(2) On August 9, 2004, the non-party company entered into a sales contract with the Plaintiff and the non-party company on the location of 412 square meters for the construction of roads, etc., which are necessary for the construction of roads among the instant land, in order to install roads, etc. presented by the competent administrative agency

(2) On May 4, 2005, the Plaintiff and the non-party company agreed to form a sectionally owned co-ownership relationship by completing a co-ownership registration for the entire land of this case according to the size ratio of the land subject to sale and purchase, and the Plaintiff completed the registration of transfer of ownership in the name of the non-party company as to the 412/2213 shares of the instant land (hereinafter “instant shares”) on May 4, 2005.

(4) The location of the instant subject matter is 412 square meters in the ship, which connects D’s attachment No. 3, 2, 3, 4, 5, 5, 8, and 1 in sequence, and 412 square meters in proportion to D’s attachment.

B. On January 1, 2004, Defendant B leased the instant land from the Plaintiff, and installed and operated a vinyl house on the instant land, and September 1, 2006.

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