logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2020.01.28 2018가단52919
공유물분할
Text

1. Part (B) of the attached sheet No. 7,8,9,6, and 7, among the area of 1,274 square meters before the Sinjin-si, connected each point in order of the attached sheet No. 7,8,9,6, and7.

Reasons

1. In full view of the facts stated in Gap evidence Nos. 1 through 11 (including a branch number if there is a serial number) and the result of the on-site verification by this court of this case, the entire purport of the pleadings as a result of a request for surveying and appraisal of the Korea Land Information Corporation, the land of this case was jointly owned by the defendants in their respective shares of 400/1,274, E, 474/1,274. However, in the compulsory auction procedure for E’s shares, the plaintiffs purchased the land in their shares of 237/1,274 on April 20, 2018, taking into account all circumstances such as the location and neighboring land of this case, ownership of adjacent land, ownership relation of neighboring land, size of the part to be owned independently by the plaintiffs and the defendants after division, it is reasonable to reflect the Plaintiffs’ existing shares of 474m2 in their respective shares in the land of this case, and to share the same appraisal as 800m2 with each existing shares of 1/200m2.

2. In conclusion, the land of this case is divided as above, and the costs of lawsuit are owned independently by the plaintiffs. Accordingly, the defendants owned a specific land which is divided disadvantageously compared to the plaintiffs, and the defendants should bear the final burden even if the plaintiffs paid in advance the costs of on-site inspection and appraisal in consideration of the fact that the graves of this case were relocated to the ground of this case at the request of the plaintiffs during the proceeding of this case.

arrow