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(영문) 부산지방법원 2015.02.12 2014가단212205
공유물분할
Text

1. Of the land size of 162 square meters in Busan Seo-gu, Busan Seo-gu, each point of the attached Form 1, 2, 3, 4, 5, 27, 26, 25, 24, 23, 10, 9, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff owned 287 square meters in Busan Seo-gu D, Busan, and the husband E owned a detached house on the ground. The Plaintiff acquired 34/162 shares of the instant land, knowing that the said house was partially invaded by the Busan Seo-gu, Busan, which was adjacent to the said site (hereinafter “instant site”).

B. On December 4, 2013, the Defendant acquired 128/162 shares of the instant land from F and multi-household houses on its ground, and completed the registration of ownership transfer by acquiring them. Therefore, the Plaintiff and the Defendant shared the instant land.

C. The parties did not reach an agreement on the division of the instant site.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 4, All the arguments

2. In the case of dividing the land to be determined, in principle, the area of the land to be acquired by each co-owner shall be equal to the ratio of the co-owner's share. However, if the form, location, the use condition, or the economic value of the land is not equal, it shall be allowed to divide the economic value into the ratio of share in consideration of all the above circumstances. If a certain condition is met, it is allowed to divide the land by requiring the co-owner to adjust the economic value in cash and to divide it into two parts (see Supreme Court Decision 2009Da69708, Jan. 14, 2010). According to the survey and appraisal result and the market value appraisal result of this Court, the Plaintiff's house on the part of 162 square meters of the instant land in question can be recognized as possessing 25 square meters of the land in question, and the Defendant's multi-household house on the part of the Defendant is in possession of 137 square meters, while the Plaintiff's share on the instant land in excess of 34/162 and 1282/162.

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