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(영문) 대전지방법원천안지원 2016.01.07 2014가단21973
공유물분할
Text

1. In relation to the F.M. F. F. 694 square meters, the attached appraisal in sequence 1-5, 20, and 1 are “A.T. 1”.

Reasons

1. Facts of recognition;

A. On November 7, 2001, G acquired the ownership of 462/792 shares of the instant real estate as a successful bid due to a voluntary auction, but on February 21, 2003, G transferred the ownership under the name of H, the father of the Plaintiff. On April 19, 201, the Plaintiff was transferred under the name of the Plaintiff due to the gift on April 19, 201, and is currently the co-ownership holder, and the 132/792 shares of Defendant B, 792 are the 66/792 shares in Defendant C and the remaining 792 shares in Defendant D’s name.

B. In connection with the instant real estate, there are: (a) the Asan-si 556 square meters and the three-story neighborhood living facilities and housing buildings (hereinafter “I site and building”); (b) the ownership transfer registration was made in the name of the Plaintiff on August 22, 1997 with respect to the I site and building; and (c) on December 24, 2009, one half of the shares of the Plaintiff, who is the Plaintiff’s punishment, and the Intervenor’s wife’s wife, were registered.

C. In connection with the instant real estate, there are buildings and I site and buildings, and the 602 square meters and the 4th floor above the ground reinforced concrete structure, which are owned by the Defendants (hereinafter “K site and building”). The instant real estate is used as the access road, parking lot, and passage of the said two buildings by saving the I site and the building site and the building site and the building in the shape of “cream”, and is used as the access road, parking lot, and passage of the said two buildings. The pertinent appraisal is also indicated in the attached sheet.

There is no agreement prohibiting the division of the instant real estate between the Plaintiff and the Defendants.

On the other hand, there was no division agreement between the Plaintiff and the Defendants on the instant real estate until the closure of the pleadings.

[Ground of recognition] Evidence No. 1, Evidence No. 2, Evidence No. 1-2, Evidence No. 1-2, Evidence No. 2-1, Evidence No. 2, Evidence No. 3, Evidence No. 1-3, Results of the request for measurement and appraisal of the President of the Daejeon District Headquarters of the Daejeon District Headquarters of Daejeon District, the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. The plaintiff's assertion on the defendants is judged.

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