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(영문) 서울중앙지방법원 2019.11.19 2017가단5119038
공유물분할
Text

1. Part 1, 2, 3, 4, 5, 6, 21 and 1 of the forest land listed in the annexed sheet are connected in sequence with each line.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendants shared the pertinent real estate L (hereinafter “instant real estate”) as co-owners with co-ownership ratio listed in the separate sheet.

B. The Plaintiffs purchased 1/2 shares of the instant real estate from M on July 10, 2008 and completed the registration of ownership transfer at the ratio of 1/4 shares on July 15, 2008.

C. On November 30, 201, Defendant C, D, F, G, and H were the deceased N’s successors, who are the 1/2 equity right holders of the instant real estate, and Defendant I, J, and K were the substitute successors, and completed inheritance registration with respect to the instant real estate on February 12, 2008, as the co-ownership share ratio listed in the attached Table, which was based on inheritance.

The plaintiffs want to divide the section 4,937 square meters in the part of the ship that connects each line of the attached table 1, 2, 3, 4, 5, 6, 21, and 1 among the forest and fields listed in the separate sheet into co-ownership of the plaintiffs according to the ratio of shares in the attached list. The plaintiffs want to divide the section 5,014 square meters in the part of the ship that connects each point of the attached table 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 21, and 6, into co-ownership of the defendants according to the ratio of shares in the attached list, and also consent to this part as the attorney of the defendant C and D present in this court.

E. In the area of 5,014 m2, the (c) section 5,014 m2 is divided into the same value, taking into account the above, the section 4,937 m2 is derived.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, the result of the market price appraisal of appraiserO of this court, the result of the survey appraisal of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of recognition, among the forest land listed in the separate sheet, the part of 4,937 square meters in the ship that connects each line of the attached sheet 1, 2, 3, 4, 5, 6, 21, and 1 among the forest land listed in the separate sheet is jointly owned by the plaintiffs according to the ratio of shares in the attached sheet, and the part of 5,014 square meters in the ship that connects each line of 6,7,8,9,10,10,11, 12, 13, 14, 15, 16, 17, 17, 18, 19, 20, 21, and 6 are jointly owned by the defendants according to the ratio of shares in the attached sheet.

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