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(영문) 창원지방법원 2021.02.05 2020가단115050

공유물분할

Text

1. Attached drawings indicating 1, 2, 3, 4, 5, 19, 20, 21, 22, 24, 25, 14, 15, 16, 17, 18, 18, 14, 14, 15, 16, 16, 17, 18, 24.

Reasons

1. Basic facts

A. From May 1, 1970, the Plaintiff’s E and the net F, the father of the Defendants shared D-5 square meters (hereinafter “instant land”) from around Kimhae-si from May 1, 1970.

B. The network E, among the land in this case, has constructed and occupied and used housing units on the ground of 271m2 in the order of each of the items indicated in the annexed drawing Nos. 1, 2, 3, 4, 5, 19, 20, 21, 22, 24, 25, 14, 15, 16, 17, 18, and 25m2 in the order of each of the items in the annexed drawing No. 25, 24, 22, 23, 12, 13, and 25m2 in the same drawing No. 12 in the ship (c).

On the other hand, the net F is not required to construct and use housing on the ground of 272 square meters in part (b) of the ship connecting each point of the same map description 23, 22, 21, 20, 19, 6, 7, 8, 9, 10, 11, and 23 square meters in sequence. The part (b) of the above ship is 272 square meters in direct contact with the above G road, and it is not necessary to have a separate access route.

(c)

On August 1, 2003, the Plaintiff received the portion of public land in this case from the deceased E, and completed the registration of transfer of ownership, and on January 12, 2012, the Plaintiff also completed the registration of transfer of ownership after receiving the donation from his father H.

The Defendants did not complete the registration of the instant land shares or above-ground buildings with the networkF’s joint inheritors.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to Gap evidence Nos. 36 (including branch numbers)

2. The plaintiff, however, requests the division of the article jointly owned pursuant to Article 268 of the Civil Act.

In light of the above situation of the land use as seen earlier, among the land in this case, the portion (i) part 271 square meters is 271 square meters and the indication 25,24, 22, 23, 12, 13, and 25 square meters of the attached drawing among the land in this case, the portion of the land in this case connected each point of 1,2, 3, 4, 5, 19, 20, 20, 21, 22, 22, 24, 12, 13, and 25 square meters of the attached drawing among the land in this case is the sole ownership of the plaintiff (c) part 12 square meters of the attached drawing.

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