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(영문) 울산지방법원 2017.08.08 2017가단53875

공유물분할

Text

1. A ship that connects each point of the attached Form No. 1, 2, 3, 4, 5, and 1 with respect to H 52 square meters in Yangsan-si, Yangsan-si.

Reasons

1. Basic facts

A. The I and the GJ shared 1/2 shares of H 552 square meters (hereinafter “instant land”) in Yangsan-si, Yangsan-si. However, I donated the instant land to the Plaintiff on February 13, 1999, and on June 12, 198, the deceased on June 12, 198, and the Defendants, their wife and children, jointly succeeded to the shares of J.

B. The I and J shared the land of this case with 1/2 shares, and used and benefiting from the land of this case by specifying their respective shares, and even after the J died, the Plaintiff and the Defendants succeeded to the agreement and the use relationship between I and J as they are, and occupied and used 1/2 each of them.

C. On December 2015, the Plaintiff and the Defendants agreed to divide the instant land into two land and owned it individually according to the size of 1/2, which was occupied and used by each other among the instant land. According to the said agreement, the Plaintiff and the Defendants requested the Korea Land Information Corporation and the Korea Land Information Corporation to conduct a divisional survey on the instant land.

On December 30, 2015, both Korea National Land Information Corporation and the Defendants prepared the result of the subdivision survey as shown in the attached Form and delivered it to the Plaintiff and the Defendants.

E. On February 2016, the Plaintiff, along with the Defendants, tried to prepare an application for land alteration with the content of dividing the instant land into two pieces of land “H 276 square meters in Gyeyang-si” and “K 276 square meters in Gyeyang-si.” The remaining Defendants except Defendant E agreed to the said application, but Defendant E did not consent to the said application, unlike the consent at the time of the request for subdivision. Accordingly, the Plaintiff filed the instant lawsuit.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1-5, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, a co-owner of the instant land, may claim a partition of the instant land against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.

(b) health units with respect to the method of division;