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(영문) 춘천지방법원 2015.11.11 2014가단7455
공유물분할
Text

1. Of the area of 1,478 square meters in the attached Form 13, 2, 3, 4, 5, 6, 11, 12, and 13 shall be attached hereto, among the area of 1,478 square meters in Yang-gu, Gangwon-do.

Reasons

1. The facts subsequent to the facts of recognition may be acknowledged by integrating the purpose of the entire pleadings in the entries in Gap evidence 1 and 2.

The registration of ownership transfer was completed on December 13, 1960 on the net M, network N, E, andO on December 13, 1960 for the land of two parcels, the land of which is 1,478 square meters and the land of which is 859 square meters in Yang-gu, Gangwon-do (hereinafter referred to as the “instant land”).

B. On October 17, 2007, the Plaintiff acquired E- 1/4 shares out of the instant land as awarded a successful bid in the compulsory auction procedure.

C. On January 6, 2009, Defendant E and F, the inheritor, completed the registration of ownership transfer with respect to each of the instant shares out of the instant land due to the agreement on division of inherited property on January 6, 2009.

On November 3, 2009, Defendant B, C, and D, the heir of the network M, completed the registration of ownership transfer as to each of the shares of the instant land due to the agreement on division of inherited property on November 3, 2009.

E. TheO died on May 3, 201, and the Defendant G, H, I, and J inherited as the shares of 1/16, each of which is the co-property successors, but the procedure for the registration of ownership transfer based on inheritance of the instant land was not implemented.

F. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

2. The Plaintiff and the Defendants shared the instant land, and the parties did not reach an agreement on the method of partition of the instant land. As such, the Plaintiff may file a claim against the Defendants for the partition of the instant land, which is jointly owned.

Furthermore, as to the method of dividing the instant land, the following circumstances are acknowledged by comprehensively considering the health room, the result of the on-site verification conducted by this court, and the purport of the entire pleadings and appraisal conducted by appraiser P, i.e., the access road has already been secured. Therefore, even if L land is owned by the Defendants, its value would not be reduced, and ② K land shall be owned by the Defendants even if it is divided as described in paragraph (1)

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