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(영문) 대전지방법원서산지원 2016.07.13 2015가단6571

공유물분할

Text

1. The real estate listed in separate sheet Nos. 1, 2, and 3 shall be put to an auction and the proceeds thereof shall be deducted from the auction cost.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “the land listed in the separate sheet”) was owned by I. On June 12, 2015, upon the death of I, the registration of transfer of ownership was completed for each of the 3/32 shares in the name of the Plaintiff A, the heir of the Plaintiff A, 12/32, 4, 2/32, 2/32, 8/32, 8/32, 8/32, 8/32, 3/32, 32, 3/32, 2/32, and 2/32 shares in the name of the Appointed, H, 3/32, 2/1989.

[Along with the death of August 1, 1987 by J, the Plaintiff and the Appointors, the Defendant, his children, H, and F, whose share transfer registration was completed in the future. The name of “appointed” was omitted, and both the Defendant and the Appointor together with the Defendant and the Appointor.”

The land of Paragraph 4 was owned by the Plaintiff I and the Plaintiff B owned 1/2 shares. However, upon the death of the I, the Plaintiff A, the heir, inherited 1/2 shares of the I, 12/64, 2/64, G, 8/64, 3/64, and 2/64 shares, respectively, and completed the registration of ownership transfer on June 12, 2015, and the Plaintiff A completed the registration of ownership transfer for each share on June 25, 2015. < Amended by Presidential Decree No. 26357, Jun. 25, 2015>

C. F On September 13, 2015, the mother of F, who died, succeeded to F’s property.

Land in paragraphs 1, 2, and 3 is farmland and agricultural area under the National Land Planning and Utilization Act; agricultural protection areas prescribed in the Farmland Act; agricultural promotion areas; and the land in paragraph (4) also belongs to farmland which is impossible to be divided because the area of each parcel after subdivision does not exceed 2,00 square meters since the agricultural infrastructure improvement project is implemented under Article 22(2) of the Farmland Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including branch numbers in case of additional number), the result of the appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination.