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(영문) 부산지방법원 2018.10.17 2017가합43667
공유물분할
Text

1.(a)

Defendant C received KRW 1,204,328, respectively, from the Plaintiff, KRW 1,642,265, and Defendant D, E, and F.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff, Defendant B, E, and F are each land listed in [Attachment 1] Nos. 1, 2, and 4 (hereinafter “instant land”).

3/4 of the land listed in [Attachment I] List 3/48, Defendant E-4/48, and Defendant F 5/48 shares. (2) Of the land listed in [Attachment I List 3] (hereinafter “instant land”), 3/4 shares are owned by the Plaintiff, and the remainder of 1/4 shares are owned by the network G. As the network G dies, the above 1/4 shares were jointly inherited by Defendant C, D, E, F (Defendant C 3/48 shares, the remainder of Defendants 2/48 shares, and the respective shares of the above land) and Defendant C, D, E, F (Defendant C3/48 shares, the respective shares of the above land) were jointly inherited. As the network H shares (3/48) died thereafter, Defendant C, D, E, F (each of 3/192 shares) were jointly inherited.

However, the registration of a 1/4 co-ownership share of the above land remains in the name of the net G because the registration of inheritance due to the above inheritance has not been completed.

B. 1) At the time of March 2005, I, the Plaintiff’s internal director, the Plaintiff’s land use status, etc. (hereinafter “instant factory”) is as follows: (a) a general steel structure and other second-class neighborhood living facilities (manufacturing facility, business office), 396.39 square meters, 89.6 square meters on the ground of the instant land, which was a building site with the consent of J, G, H, and Defendant B, the co-owner of the instant land No. 4; and (b) a general steel structure and other double-story living facilities

(2) On May 6, 2005, the Plaintiff newly built a new factory, and completed registration of ownership preservation in the name of I on May 6, 2005.) After which, on December 29, 2006, purchased 3/4 shares of the instant factories owned by J from December 29, 2006, and completed the registration of ownership transfer in the future of the Plaintiff, and has occupied and used the instant factory.

3) Land No. 4 of this case is a temporary building used for the purpose of the office, etc. of the factory of this case in addition to the factory of this case. The land of this case No. 1 through No. 3 is currently in the current state of a site. The applicable unit price of land (cost/land size) market price is the market price.

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