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(영문) 창원지방법원 2019.11.07 2019가단102713

공유물분할

Text

1. Of 11,207 square meters in Jan-si Kimhae-si;

A. Annexed 28, 29, 30, 31, and 28 marks indicating the attached appraisal shall be linked in sequence.

Reasons

1. Facts of recognition;

A. On December 3, 1979, the Plaintiff acquired a 11,207 square meters of J-J forest land in Kimhae-si (hereinafter “instant land”) and completed registration of the preservation of ownership.

B. At the time of the acquisition of the instant land, the Plaintiff purchased the land except for the portion of the fourth cemetery, and as to the portion of the land that was not purchased by the Plaintiff, the Plaintiff transferred to the graveyard owner at the time of ownership.

As a result, with respect to the portion of 165/11,207 out of the land of this case on September 21, 1993, as to the portion of 99/207/11,207 in the future M, September 21, 1993, the transfer registration was made in the N on September 24, 1993 for the portion of 49/11,207.

C. Of the instant land, M shares were transferred to Defendant B on August 26, 2015 due to inheritance by agreement division. D.

N The N died on July 18, 1997, and his heir is the wife, Defendant D, Defendant E, Nonparty P, and Defendant F.

P died on September 30, 2018, and his heir had the wife G, Defendant H, and Defendant I.

On the other hand, the O died on March 25, 2019.

E. The Plaintiff and Defendant B, C, and network N’s inheritors, network P, Defendant E, and Defendant P were to divide the instant land as stated in the claim, taking into account the portion of the graveyard, but they did not contact with Defendant D, etc. at present, and died of network O and network P.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. It appears that most Defendants agree to the method of partition in kind, such as the written order presented by the Plaintiff, and in accordance with the said method of partition in kind, the area of each of the parts divided to the Plaintiff and the Defendants is the same as the area corresponding to the current share ratio of the Plaintiff and the Defendants.

In full view of the aforementioned circumstances and all the circumstances revealed in the pleadings of this case, such as the location, use status, and intent of co-owners of the land of this case, the attached Form among the land of this case.