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(영문) 창원지방법원 진주지원 2018.04.19 2016가단956
공유물분할
Text

1. With respect to D orchard 7,516 square meters in Jin-si, Jin-si, 21, 20, 19, 18, 17, 16, 15, 14, 12, 11, 10, 9, 8, 7.

Reasons

1. Facts of recognition;

A. (1) Defendant C and F respectively owned the instant land from G on October 15, 2002, respectively.

(2) On January 19, 2004, Defendant B purchased 3,911.5/8,170 shares of the instant land from Defendant C, and completed the share transfer registration on the same day.

3) H (I prior to the opening of the title) purchased 1/2 shares of the instant land from F on March 14, 2005, and completed the share transfer registration on March 16, 2005. The Plaintiff purchased 1/2 shares of the instant land from H on September 8, 2008, and completed the share transfer registration on November 11, 2008. (B) Defendant B purchased 1/2 shares of the instant land from H on November 19, 2008. (1) Defendant B purchased 3,911.5/8,170 shares of the instant land from Defendant C on January 19, 204, and thereafter purchased 3,911.5/8,170 shares of the instant land from Defendant C on the same part of the instant land in the attached Form.

2) On or around June 201 to May 2012, Jinju acquired part of the instant land (which was divided as above) (which was before J, K land was divided into J, and K land around July 16, 2008) (which was divided as above) from the Plaintiff and the Defendants in proportion to their respective shares for the construction of roads. 3) The instant land is designated as a conservation green area and natural green area under the National Land Planning and Utilization Act.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of claim

A. As seen earlier, the Plaintiff and the Defendants shared the instant land, and there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land by the closing date of pleadings. As such, the Plaintiff, a co-owner of the instant land, may file a claim against the Defendants for the partition of the instant land.

(b) articles jointly owned;

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