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(영문) 광주지방법원해남지원 2019.02.19 2017가단1186
공유물분할
Text

1. Of the area of 1,607 square meters in the 1,2,3,4,5,6, 23, 22, 21, 20, and 1 of the annexed drawings among the area of 1,607 square meters in Jeonnam-gun, Jeonnam-gun.

Reasons

1. Facts of recognition;

A. On August 24, 1984, M and N share 1/2 shares with respect to the land of 1,607 square meters (hereinafter “instant land”) before Jeonnam-gun L, Jeonnam-gun, and the registration of ownership transfer was completed.

B. The N died on March 19, 2001. The N’s spouse died before N on September 11, 1990, and at the time of N’s death, there were Defendant B, C, D, E, F, and G (hereinafter “Defendant B, etc.”) andO as N’s heir at the time of N’s death.

O divorced from his spouse on January 20, 1994 and died on December 30, 2002. At the time of his death, Defendant H, I, J, and K (hereinafter “Defendant H, etc.”) exist as his heir.

C. The Plaintiff was determined as the highest bidder in the case of application for compulsory sale of real estate P with respect to the 1/2 of the shares of M among the instant land, and paid all proceeds after receiving a decision of permission for sale, and completed the registration of ownership transfer in his name on August 24, 2007.

There was no agreement between the Plaintiff and the Defendants not to divide the instant land, and no agreement was reached between the Plaintiff and the Defendants on the division of the instant land until the date of closing the argument in this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 through 17 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. According to the facts acknowledged above, the plaintiff has the right to claim the partition of the land of this case against the defendants who are other co-owners pursuant to Article 269(1) of the Civil Act.

3. Division of the method of partition of co-owned property is in principle in kind.

In the instant case, the Plaintiff and Defendant B, etc. connected the instant land to each point of 1,2, 3, 4, 5, 6, 23, 22, 21, 20, 20, and 1 in sequence, and the part (B) of the instant land connected to each point of 20, 21, 24, 14, 15, 16, 17, 18, 19, and 20 in sequence.

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