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(영문) 창원지방법원 밀양지원 2018.07.18 2017가단584
공유물분할
Text

1. A ship (B) which connects each point of Annex 2, 3, 4, 5, and 2 in sequence among the 1,324 square meters in Sinnam-gun R 1,324 square meters in parallel.

Reasons

1. Basic facts

A. A certified copy of the register of 1,324 square meters (hereinafter referred to as “instant land”) of R R 1,324 square meters (hereinafter referred to as “the copy of the register of this case”) shall be indicated as being jointly owned by the Plaintiff, S, T, Defendant B, and C in their respective shares of 1/5.

B. The resident registration number and address of T is U and the above V, but the copy of the register of this case is written in W and the above X, which is the resident registration number and address of Y.

C. S shall have the defendant D, E, F, G, H, I, J, K, and L as his heir or substitute heir on February 14, 2000.

Y As the heir died on November 25, 2017, Defendant M, N,O, P, and Q as the heir.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, fact-finding results and the purport of the whole pleadings against the Military Service and Military Service.

2. The land of this case is indicated as having 1/5 co-ownership shares in the copy of the register of this case.

However, in light of the following: ① entered in the copy of the instant registry in T’s resident registration number and address is Y; ② both T and Y are the same person as the first letter of the performance name; ③ deeming that there is error in the last letter of name rather than the possibility of simultaneously entering the resident registration number and address at the same time, it is more reasonable to deem T and Y as a clerical error in the registry of the instant case.

Therefore, the instant land is the land owned by the Plaintiff, S, Y, Defendant B, and C in their respective shares of 1/5. Defendant B, C, and K have the intent to divide the part desired by the Plaintiff out of the instant land to the Plaintiff. The remainder of the Defendants except the said Defendants did not express their opinion as to partition of co-owned property. In light of the fact that the instant land is the land among the Defendants’ doors, the instant land is the land among the Defendants’ doors, as shown in the attached Form 1(b).

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