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(영문) 창원지방법원마산지원 2016.05.25 2015가단5852
공유물분할
Text

1. The F Cemetery, Gyeongnam-gun, Gyeongnam-gun, shall belong to the plaintiff;

2. The plaintiff is the defendant B with KRW 8,33,32, and the defendant C, D, and .

Reasons

1. Facts of recognition;

A. Nonparty G completed registration of initial ownership relating to the land listed in the disposition No. 1 (hereinafter “instant land”) on October 18, 1993 (hereinafter “instant land”).

B. G was under the influence of Nonparty H, I, J, and K as a child, and on January 21, 1973, the networkJ died of Nonparty L, a child, who is the bereaved family member, and died of Nonparty B, a child, as the bereaved family member. On March 11, 2001, the network K died of Defendant C, D, and E, a child, who is the bereaved family member.

C. As the net G died on December 28, 2007, H and I inherited 45/180 of each of the instant land. L and M, the bereaved family of the network J, respectively, inherited 27/180 shares and 18/180 shares, and Defendant B, the bereaved family of the network K, as the bereaved family of the Defendant B, inherited 15/180 shares, and 10/180 shares, respectively.

On March 5, 2015, the Plaintiff purchased an aggregate of KRW 45/180 from L and M in the instant land in KRW 24.5 million. On March 10, 2015, the Plaintiff completed a share transfer registration on March 10, 2015. On March 13, 2015, the Plaintiff purchased an aggregate of KRW 90/180 of the instant land in KRW 50/180 from Nonparty N who was awarded a successful bid for KRW 90/180, and completed the share transfer registration on March 17, 2015.

E. The Plaintiff, who acquired 135/180 shares of the instant land for which the prohibition of partition was not concluded, filed a claim for partition against the Defendants, one of the co-owners of the instant land, who are the remaining co-owners, but did not reach an agreement on the method of partition.

F. On the instant land, a grave in G is installed.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and purport of whole pleadings

2. Determination:

A. According to the above facts of recognition, the Plaintiff may claim a judicial partition against the Defendants on the instant land, which is jointly owned.

(b) to acquire the article jointly owned in question to a specific person, comprehensively taking into account the causes of the co-ownership relationship, the ratio of co-ownership, the economic value if divided, the wishes of co-owners for the method of partition, etc.

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