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(영문) 광주지방법원 2018.07.17 2017가단24866
공유물분할
Text

1. A ship that connects each point of the attached Reference No. 5, 7, 3, 4, and 5 with respect to the 116 square meters in Gwangju Dong-gu F.

Reasons

1. Basic facts

A. As to the 116m2 in Gwangju-dong, Gwangju-gu (hereinafter “instant land”), the Plaintiff is registered as holding 6.6/116 shares, Defendant B’s 20786/73080 shares, Defendant C’s 20786/73080 shares, Defendant D’s 20786/73080 shares, and Defendant E owns 2188/24360 shares (=6564/73080).

B. The Plaintiff sought co-owned property partition as to the instant land and tried to negotiate with the Plaintiff, but no agreement has been reached regarding the method of partition of the instant land, which is jointly owned by the Plaintiff and the Defendants up to now.

C. Examining the current status of the instant land, the portion of “A” part of the instant land, which was connected in sequence with each point of Nos. 1, 2, 7, 5, 6, and 1, among the instant land, is a shape close to a square, and the attached reference, which is the remainder of the land, is indicated 5, 7, 3, 4, and 5 in sequence. In light of the entire form of the instant land, the portion of “B” portion of the instant land, which was connected in sequence with each point of Nos. 5, 7, 3, 4, and 5, is

The same G ground building (hereinafter “instant building”) is constructed, which is the neighboring land owned by the Plaintiff, on the part of 7 square meters inside the ship that connects each point of No. 5, 7, 3, 4, and 5 with reference to the attached sheet that the Plaintiff wishes to be divided into the Plaintiff’s sole ownership.

E. As to the instant land, the share of 6.6/116 and the share of 7 square meters of the entire area of the instant land, which is owned by the Plaintiff, are very neighboring, and as a result, H was transferred on April 12, 1983, which was the time when H solely owned the instant land, to the said H on April 12, 1983, the share of 6.6/116 of the instant land, each time the ownership of the instant building is transferred, and the share of 6.6/116 of the instant land was also transferred to the owner of the instant building.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, the whole purport of the pleading

2. Co-owned property partition claim

A. According to the above facts of recognition, according to Articles 268 and 269 of the Civil Act.

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