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(영문) 의정부지방법원 2015.10.27 2014가단104766
공유물분할
Text

1. Each real estate listed in Attachment List No. 1 shall be owned by the Plaintiff and the same list as owned by the Plaintiff.

Reasons

1. Basic facts - The plaintiff and the defendant share the land listed in paragraph 1 of the attached Table (hereinafter, No. 1) and paragraph 2 of the same list (hereinafter, No. 2), the plaintiff's ratio to 1255/1862, and the defendant's ratio to 607/1862.

- From around 1975, the Plaintiff used land No. 1 as a site for military facilities, and the Defendant acquired each of the above co-ownership shares on land No. 1 and 2 around December 1988.

- At present, land 1 is currently being used as a parking site and an education and training site for the 18th class fleet of the water machinery shop, the 18th class fleet of the water shop, and the part on which the drawing is indicated in the annexed land among the land 2 is used as a patrol by the station, and the above part of the land 1 and the land 2 is located within the fence of the above unit.

- The Plaintiff claimed the Defendant to divide the land Nos. 1 and 2, but did not reach an agreement on the division.

[Ground of recognition] Facts without dispute, evidence A1 through 6, purport of whole pleadings

2. In light of the facts of the recognition of the claim and judgment, and the location, size, shape, use status, and other circumstances of the land No. 1, 2, which are recognized by comprehensively considering the purport of the entire pleadings as a result of the verification, the land No. 1 is owned by the Plaintiff, and the land No. 2 is owned by the Defendant

(However, as seen earlier, since the Plaintiff currently occupies the above part of the land No. 2, it is necessary to return it to the Defendant or take measures such as compensation and acquisition, etc. in the future). 3. Then, if so, it is necessary to divide the land No. 1 and 2 as above.

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