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(영문) 제주지방법원 2020.10.22 2019가단65872

공유물분할

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1. The portion of “B” indicated in the attached Form No. 30 square meters on the 70 square meters in Jeju-si is owned by the Plaintiff, and the portion of “A” is not less than 15 square meters.

Reasons

In Jeju-si, C. C. 70 square meters (hereinafter “instant land”) is owned by the Plaintiff with 144/251 shares, and the Defendant shared with 107/251 shares, and the attached drawing “A” and “C,” are owned by the Defendant and are constructed over neighboring D land. The attached drawing “B” are used as part of E, and the facts that are used as part of E are recognized by the appraiser E’s on-site inspection results, based on the appraiser E’s survey and appraisal results.

However, in the case of dividing the instant land by auction, it is unlikely to receive a value because statutory superficies on the Defendant’s housing located over the part of “A” and “C” as to the Defendant’s housing that are located over the part of “A” and “A” may not be established or removed (only a part of the building is difficult to remove), and even if divided into the part as part of “B,” the Defendant does not have any difficulty in living, and the Plaintiff may use the part “B” with his own land. The Defendant purchased the Plaintiff’s share or purchased the Plaintiff’s share, and it is also a method for the Defendant to purchase or purchase the Plaintiff’s share, and the agreement on the sale price is not reached, it is reasonable to divide the part “A” and the part “A” and the part “A” into the Defendant and the part