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(영문) 광주지방법원 2016.05.12 2015가단9191
공유물분할
Text

1. Of the area of 274 square meters in Gwangju Mine-gu, annexed drawings indication 1, 4, 5, 6, 4, 3, 2 and 1 are linked in order of each point.

Reasons

The land of this case is recognized as the Plaintiff’s share of 165/274, net E is 83/274, and net E was dead on August 21, 1990 while Defendant C shared at the share of 26/274, and Defendant B and the remaining designated parties inherited network E. The fact that the agreement on the division of the land of this case was not reached between the Plaintiff and the Defendants until the closing date of the argument of this case (the fact that there is no dispute, the document No. 1). Accordingly, the Plaintiff has the right to claim the division of the land of this case.

As a result of the on-site inspection by this court, in addition to the purport of the argument as a result of the appraiser F’s appraisal, it is recognized that the Plaintiff, among the land in this case, has actually occupied the portion of 163 square meters in the ship (C) connected each point of 1,2, 3, 4, 6, 4, 3, 2, 2, 1 in the following order: (a) the part (A) connected each point of 1, 2, 3, 4, 7, 1 in the same drawings; (b) the part (A) connected each point of 1,2, 3, 3, 1, 8, 1 in the same drawings; and (b) the part (A) connected each point of 1,8, 200 square meters in the direction of the above part (A) and (b), the building on the right line connected each point of 1, 200, 300 square meters in the same drawings; and (c) the part (A) is connected each of the above part (A).

On the other hand, the plaintiff and the defendants do not properly consult about the compensation for the part that exceeds or falls short of their own shares in cash. In addition, the application for market price appraisal of the land of this case, which is the premise of the above monetary compensation, has not been made. The plaintiff's purport of the claim, the defendant C's application for survey appraisal, and the above defendant C's application for survey appraisal,

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