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(영문) 청주지방법원충주지원 2015.08.27 2014가단6186

공유물분할

Text

1. Defendant B, C, and D, respectively, KRW 50,00, Defendant E and F, respectively, KRW 183,333, and Defendant G, KRW 110,00,00, and Defendant.

Reasons

1. Indication of claim;

A. On June 30, 2014, the Plaintiff acquired ownership of 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Defendants are N’ heir of N (Death of October 24, 1993) who owned 1/2 shares of the instant land. The Defendants’ share in N is as follows.

1) Defendant B, C, and D: 1/15 (1/5 of theO’s portion of inheritance for N x 1/5 x 1/3 of the inheritance for Defendant E and F ) Defendant G: 3/75 [1/5 of the inheritance for N x 1/5 x 1/3 of the inheritance for P (Death April 16, 2004) x 3/5 4] Defendant H: 2/75 (1/5 of the inheritance for N x 1/3 of the inheritance for Defendant G x 1/5 of the inheritance for P (Death on April 16, 2004) x 2/5 of the inheritance for P (Death) x 1/3 of the inheritance for theO x 2/5) x 1/5 of the inheritance for Defendant H P x 1/3 of the inheritance for Defendant H x 1/5) x Q 1/5 x 14 of the inheritance for death of each Defendant H x 1/5 x

C. The instant land is merely 22 square meters in size and does not reach the minimum unit of land division, and the Plaintiff is the owner of the neighboring land, and uses the instant land as a road. Therefore, rather than the land division in kind, it is reasonable to divide the instant land into the Plaintiff’s share by paying the Defendants’ share amounting to KRW 2,750,000, which is the value of the 1/2 share of the instant land, to the Defendants.

2. Judgment rendered for confession of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);