(영문) 제주지방법원 2019.10.30 2017나2496 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 제주지방법원 2019.10.30 2017나2496

공유물분할

Text

1. All of the plaintiff's claims that the court changed in exchange are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Facts of recognition;

A. On June 29, 1985, the Plaintiff and the deceased G 1) completed the registration of ownership transfer of the instant land on June 29, 1985. (2) On December 23, 1986, the Plaintiff and Defendant C, D, and E’s father G (hereinafter “the deceased”) completed the registration of ownership transfer for one-half portion of the instant land from the Plaintiff on December 18, 1986.

3) After the death of the deceased, the 1/2 of the land in this case succeeded to the 3/9 shares of the deceased, the 2/9 shares of the Defendant C, D, and E, their children, respectively, and the 1/2 shares of the deceased’s land in this case, upon the death on December 24, 2018, the 1/2 shares of the deceased were eventually succeeded to the 1/3 shares in each of the land in this case, and the above Defendants took over B. (B. 1) among the land in this case, the land in this case was owned by the Plaintiff’s housing and warehouse, but the Plaintiff did not actually reside.

2) Of the instant land, part (B) of the size of 223 square meters in the ship (hereinafter “instant part”) connected with each point of the attached Form 1, 2, 9, 10, 11, 12, 13, 8, and 1 in sequence among the instant land is 23 square meters (hereinafter “instant part”).

[] On the ground, there exists a house and warehouse owned by the Defendants, and at present, Defendant D resides in the above house. 3) Of the instant land, the part (c) part (c) of 4, 14, 11, 10, 9, and 3 square meters (hereinafter “the part (c) of the instant land”) connected in sequence to each point of 3, 4, 14, 11, 10, 9, and 3 are used as a passage by the Plaintiff and the Defendants.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2, 5, and 6 (including branch numbers, hereinafter the same shall apply) statements and images, the result of the on-site inspection by the court of first instance, the purport of the whole pleadings

2. The plaintiff's assertion

A. On December 18, 1986, the Plaintiff, the primary cause of the claim, is the part of the instant land (B) and the part (c) of the instant case.

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