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(영문) 인천지방법원 2019.12.06 2017가단252122
공유물분할
Text

1. The Defendants shall be paid KRW 4,616,67 from the Plaintiff and at the same time, among the land indicated in the attached Table to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendants, and Nonparty H acquired ownership transfer registration on the ground of partial cancellation on July 1, 2014, on the ground that the Plaintiff, the Defendants, and the Defendants acquired ownership of each 1/6 share on the ground that the Plaintiff, the Defendants, and the Defendants acquired ownership transfer registration on the ground of the donation from March 13, 2014, which was owned by Nonparty G.

B. On May 24, 2017, the instant land prior to the instant subdivision was divided into 1,988 square meters prior to the Franman-gun in Incheon, and 2, 1,54 square meters prior to the Incheon po-gun, Incheon po-gun, Incheon po-gun (hereinafter “instant land”); 344 square meters prior to the Jin-gun in Incheon po-gun; 44 square meters prior to the Incheon po-gun, and 89 square meters, respectively.

(C) On September 26, 2017, the land category of the instant land and the instant port land was changed as above.

The Plaintiff’s land before the instant partition is the same.

On September 2016, prior to the division, the Defendants and G obtained a written consent on the construction of the instant land on the land before the division. Around January 2017, a written consent for road use was received with respect to the portion of 89 square meters out of the instant land before the division. Around January 2017, a written consent for the use of a road was received with respect to the portion of 544 square meters out of the instant land before the division, and three new roads were newly constructed with respect to the said portion.

On the other hand, on July 23, 2018, the Plaintiff prepared a share donation contract and written consent stating that “G donates donates 1/6 shares of G among the instant land to the Plaintiff, and G agrees to divide it in accordance with the Plaintiff’s purport of the claim in this case.” On the same day, a notary public entrusted the preparation of a notarial deed with the above content as above, and on the same day, a notary public drafted a notarial deed No. 2018 and No. 04040 for L

Accordingly, the registration of transfer of shares in G 1/6 of the instant land was completed on July 24, 2018 due to the donation made on July 23, 2018.

E. There is no agreement between the Plaintiff and the Defendants on the method of dividing the instant land, which is public property, until the conclusion of the pleadings in this case.

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