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(영문) 울산지방법원 2015.07.15 2014나4262

공유물분할

Text

1.The judgment of the first instance shall be modified as follows:

In the attached Form 1, 2, 3, 4. among the 2,456§³ in Ulsan-gun, Ulsan-gun, the indication of the attached Form 1, 2, 3, 4.

Reasons

1. The plaintiffs have the right to claim partition of co-owned property at the ratio of 1/4 shares, and the defendant shared D 2,456 square meters in Ulsan-gun, Ulsan-gun (hereinafter "the land in this case") at the ratio of 1/2 shares, there is no dispute between the parties, and according to the purport of the whole pleadings, it is apparent that there is no agreement between the plaintiffs and the defendant on the division of the land in this case. Thus, the plaintiffs have the right to claim partition of co-owned property against

2. Method of partition of co-owned property;

A. The following facts do not conflict between the parties or may be acknowledged in full view of the following facts: Gap evidence 6 and 7; the fact inquiry results against Ulsan-gun in Ulsan-gun in Ulsan-gu in the trial court; the results of the survey and appraisal entrustment to the Korea Cadastral Corporation; the results of the market price appraisal entrustment to the Korea Cadastral Corporation; the results of the order to submit financial transaction information to the Korea Cadastral Savings Association to the Korea Cadastral Savings Association; and the purport of the whole pleadings.

(1) Plaintiff A is the father of Plaintiff B.

(2) The instant land adjoins to the upper part of the road, where the instant land adjoins to the lower part of the Gleju-gun of Ulsan-gun owned by the Plaintiff, the 2,456 square meters wide, the left part and the lower part of the stairs door, and the right side of the road.

(3) On the land utilization plan, the left part of the instant land is designated as a natural green area with no more than 20% of the building-to-land ratio and the right part as a natural settlement district with no more than 60

(4) If the instant land is assessed as a whole without dividing it, the market price as of February 27, 2015 is 503,00 won per square meter. The market price as of February 27, 2015 is 1,22,23,24,25,26, 26, and 1,28 square meters in the ship connecting each of the points in the attached Form No. 1,228 square meters in sequence, and 5,6,7,7,8,9,10,12,13,14, 15, 16, 17, 18, 19, 19, and 228 square meters in the order of each of the points in the attached Form No. 1,228 square meters in the ship (hereinafter “the above part”) are assessed as 1,228 square meters in the ship.