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(영문) 인천지방법원부천지원 2015.11.04 2015가합100203
공유물분할
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 15, 1987, E completed the registration of ownership transfer based on sale and purchase on April 10, 1987 with respect to the portion of 330.58/1,741 square meters among the portion of 1,741 square meters in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul. However, on August 5, 1987, the division of co-owned property was made with respect to the above land and 1,139 square meters (hereinafter “the land before the division”).

With respect to the portion of 808.42/1,139 among the land before the instant partition, E, in the future, the ownership transfer registration for the remaining portion of 330.58/1,139 shares out of the land before the instant partition was completed in the G. 2) on January 18, 1988 as to the portion of 808.42/1,139 shares out of the land before the instant partition, due to the sale on January 15, 198 in the Plaintiff’s future. G completed the registration of ownership transfer for each of the land before the instant partition on August 23, 198, as to the portion of 165.29/1,139 shares among the land before the instant partition on August 23, 198.

3) On December 31, 1999, as to H’s share of 165.29/1,139 out of the land before the instant partition, the registration of ownership transfer was completed on November 12, 1999 in the future of Defendant C. B. The land before the instant partition was divided into the land before the instant partition. On June 2, 2014, the land before the instant partition was divided into the land 948 square meters and 191 square meters (hereinafter “land in dispute”).

2) Thereafter, the land in the instant dispute was incorporated into a road construction site for the construction of roads implemented in the Seocheon-gu Icheon-gu, Seocheon-si. 3) Busan-si publicly announced the perusal of the land compensation plan to the owners and interested parties of the land incorporated into the road site as well as the Plaintiff and the Defendants, who are co-owners of the instant land in the instant dispute, as well as the Plaintiff and the Defendants.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 1, 2, and 2 (including various numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The Parties’ assertion.

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