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(영문) 울산지방법원 2015.11.05 2015나1031

공유물분할

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The plaintiff 1) on September 6, 1989, the plaintiff is the deceased D (hereinafter "the deceased").

3,676 square meters from Ulsan-gu, Ulsan-gu (hereinafter “instant land”).

A) A co-owner who receives 1/2 shares among the co-owners, and the Defendant is also a co-owner who receives 1/2 shares of the instant land from the deceased as a co-owner. The Plaintiff demanded the Defendant to divide the instant land according to their respective shares, but did not reach an agreement on division. Therefore, the Plaintiff filed a claim against the Defendant for division as stated in the claim for the instant land. (2) The Defendant’s land is not owned by the Plaintiff and the Defendant, but donated to an organization similar to a clan comprised of descendants of the deceased before their birth, and is deemed to fall under the collective ownership of the members of the said organization, and is also owned by the Plaintiff and the Defendant, but is entrusted only

B. Determination 1) According to the evidence No. 1 of the judgment as to whether the plaintiff and the defendant are co-owners of the land of this case, the plaintiff and the defendant are presumed to be co-owners of the land of this case based on the presumption of registration, since the plaintiff and the defendant can recognize the fact that the ownership transfer registration was completed by 1/2 shares each in the name of the plaintiff and the defendant on the ground of sale on September 6, 1989.

(2) Unlike the entry in the registry, the entry of the instant land into the collective ownership of a clan similar organization consisting of descendants of the deceased is insufficient to recognize it solely on the basis of each entry of the evidence (including each number), B, and B, 1 through 5, 7, and 10, and there is no other evidence to recognize it. 2) The creation of the co-owned property claim and the method of partition.