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(영문) 의정부지방법원 2018.04.17 2017구합11720
개발행위변경허가(토지분할) 불가처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a person who holds 1,653/29,562 shares of the real estate listed in the separate sheet (hereinafter “instant land”). The instant land is owned by 19 persons, including the Plaintiff. Of them, the Plaintiff has share of 28.09/29,562 shares.

The decision of this case regarding the division of this case is delivered.

1. Of the forest land B in Gyeonggi-gun, 29,562 square meters,

(a) The portion on the ship (A) portion of 19,523.91 square meters connected with each of the items in sequence 165,30,300/1,952,952, 391 shares, G 66,100/1,952,952,391 shares, 106,40/1,952, 951 shares, 132,952, 1391 shares, 132,20/1,952, 952, 1391 shares, 162,591 shares, 162,591/1,952, 952, 165, 165, 300/1, 952, 92, 391 shares, 165, 300/391 shares, 165, 952, 391 shares, 302, 1905/1

(b) In the case of indication of the attached drawing(s)(2), (3), (4), (0), (2) part(b) of the attached drawing(s) connected each point in sequence is owned by the Defendant Subdivision Co., Ltd.;

C. The portion (c) portion (c) of 10,010 square meters connected in sequence with each of the items in the separate sheet No. 5, (6), (7), (8), (9), and (5) portion (c) portion (c) of the attached sheet No. 339,700/1,001,000 shares by the Selection, the Selection shall be divided into shares of 330,600/1,001, P, Q, and R, respectively, 99,200/1,000 shares by the Selection, and the Selection shall be divided into shares of 33,100/1,001,00 shares by the Selection.

The 18 co-owners, including the Plaintiff, filed a lawsuit for partition of co-owned property against Subdivision Co., Ltd., and the Seoul Eastern District Court rendered on January 18, 2017 the following judgment (hereinafter “instant partition judgment”) without holding any pleadings as follows (hereinafter “instant partition judgment”).

(B) On February 14, 2017, the Plaintiff filed an application for development activities (hereinafter “instant application”) with the Defendant for land division as in the instant partition judgment (hereinafter “instant application”) on February 14, 2017. The Defendant on March 6, 2017.

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