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(영문) 전주지방법원남원지원 2015.11.26 2013가단3218
공유물분할
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated on the separate sheet No. 1, 2, 3, 4, and 4 of the attached sheet to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On August 4, 1981, F, the husband of the Plaintiff, completed registration of initial ownership relating to the land of this case.

B. On May 23, 1995, G, the father of the Defendants, completed the registration of ownership transfer on January 1, 1984 with respect to the portion of 1/16 of the instant land.

From the day of the above sale, G independently occupied and used part (B) of the attached sheet No. 19, 20, 21, 22, 24, 25, and 19 among the land of this case, G, in the order of each point of the attached sheet No. 19, 20, 21, 22, 24, 25, 25, and 19, and F, among the land of this case, occupied and used the attached sheet No. 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 25, 24, 22, 23, and 19.

C.F died on November 10, 199, and the Plaintiff completed the registration of transfer of shares on December 30, 1999 as to the 15/16 shares (excluding G shares) out of the land of this case on December 30, 199 due to a consultation division.

The Plaintiff is occupying the portion of the above inside ship possessed and used by F as it is by succession to the portion of 3,438 square meters.

G The heir died on April 28, 200, and his heir is H and the Defendants, the wife, as the wife.

H died on August 12, 2010, and the inheritor is the Defendants, who are children.

Ultimately, the Defendants inherited each of the 1/64 shares (G ownership 1/16 x 1/4 x 1/4 x 1/4 ), among the instant land, and succeeded to the portion (B) of the said ship possessed and used by G as it is and possessed by the Defendants.

[Reasons for Recognition] A without any dispute, entry of Gap evidence 1 through 3, the result of the verification by this court, the result of appraiser I's appraisal, the purport of whole pleadings

2. According to the facts found in the judgment as to the main lawsuit, the so-called sectionally owned co-ownership relationship was established by F by dividing the part of (A) in the instant land into 3,438 square meters, and G by 229 square meters in the inside part of the instant land, and the so-called sectionally owned co-ownership relationship was deemed to have been succeeded to between the Plaintiff and the Defendants, who are their successors.

Thus, among the land of this case.

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