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(영문) 전주지방법원정읍지원 2015.07.21 2014가단4826
공유물분할
Text

1. The share of Defendant B 3/15, Defendant C, Defendant D, with respect to the share of 9m2 in the attached Form No. 8,628m2 among the 8,628m2 of the I Forest Land in Jung-Eup.

Reasons

1. Facts of recognition;

A. On December 13, 2012, the Plaintiff completed the registration of ownership transfer with respect to the portion of 8529/8628 out of the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”). The J owned the remaining portion of the instant real estate 9/8628.

B. On April 11, 2012, Defendant B died and Defendant B inherited 3/15 of the inheritance shares, the remaining Defendants inherited 2/15 of the inheritance shares, respectively.

C. However, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 24, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may file a judicial claim against the Defendants in accordance with Article 269(1) of the Civil Act.

B. Furthermore, taking into account the circumstances such as the current status of the instant real estate located in the Health Team and the No. 25 (cadastral Survey Results) by comprehensively taking account of the following factors: (a) the portion of the instant real estate indicated in the drawings out of the instant real estate, among the real estate, is 3/15 shares in Defendant B; and (b) the remaining Defendants jointly share 2/15 shares in accordance with the Defendants’ inheritance shares; and (c) the remainder of 8,529 square meters in kind as owned by the Plaintiff is deemed appropriate.

3. According to the conclusion, the instant real estate is to be divided in kind as above.

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