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(영문) 춘천지방법원 강릉지원 2017.04.25 2016가단4132

공유물분할

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Of the instant land, the 1/2 shares were purchased on September 25, 1989 by the Plaintiff, and the remaining 1/2 shares were registered for the transfer of ownership, and the Defendant completed the registration for the transfer of ownership due to inheritance by consultation division on July 25, 1996.

B. Of the instant land, the part 1, 2, 3, 4, 9, 1 among the items indicated in the Appendix No. 1, 2, 3, 4, 9, and 1, the part 1, 2, 4, 5, 6, 7, 8, and 9, the part 20 square meters of the “inboard 10, 11, 12, 13, 14, 15, 16, 3, 4, and 10 square meters of the “inboard 20 square meters” portion of the “inboard 20 square meters” portion of the “inboard 10, 11, 12, 13, 14, 15, 16, 3, 4,

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 5, the result of the verification by this court, the result of the appraisal by this court on the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion asserts that the portion of “A” portion 119 square meters in the ship connecting the instant land in sequence of the indication 1, 2, 3, 4, 9, and 1 of the attached Form No. 1, 2, 3, 4, 9, and 9 is owned by the Plaintiff; that the portion 119 square meters in the ship connected each other in sequence of the same drawing No. 9, 4, 5, 6, 7, 8, and 9 shall be divided as owned by the Defendant; and that the part 119 square meters in the ship, which

B. According to the spot-sale method asserted by the Plaintiff, part of the eaves and warehouse of the Defendant’s house entered the land owned by the Plaintiff. In light of the fact that insofar as the building is not demolished, it is impossible to divide, and that the Defendant newly built the Defendant’s house and resided for more than 20 years on the instant land, it is difficult to expropriate it by means of spot-sale method that is unilaterally favorable to the Plaintiff.

In addition, the defendant shall compensate for the value of the part possessed by the defendant in consideration of the current status of the above-ground housing and divide it into the present condition.