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(영문) 대구지방법원경주지원 2016.09.13 2015가단2266
공유물분할
Text

1. Of the land listed in the separate sheet No. 2 and the land listed in the separate sheet No. 3, the annexed sheet No. 11, 3, 4, 5, 6, 7, 8, 9, 10.

Reasons

1. Facts of recognition;

A. As to each land listed in the separate sheet (hereinafter “each land of this case”), the ownership transfer registration was completed in 1/3 shares in M, N, andO respectively.

B. P completed the registration of ownership transfer on November 14, 1991 with respect to 1/3 of M shares among each land of this case, and the Plaintiff received each of the above shares from P on June 28, 2012 and completed the registration of ownership transfer on July 30, 2012.

C. On May 12, 192, Defendant B completed the registration of ownership transfer for one-third share out of the land Nos. 2 and 3 of this case due to an agreement division. D.

O died on September 16, 1980, and at the time there was Defendant B, C, D, E, and F, who was his heir Q and children.

Q died on July 28, 2006.

E. N died on September 5, 1994, and at the time, there was Defendant G, H, I, J, K, and L, a child as the heir.

F. If the shares of each land of this case are adjusted according to the above transfer of ownership and the inheritance relationship, it is listed in the attached Table 2.

G. There was no agreement between the Plaintiff and the Defendants on the prohibition of dividing each of the instant land, and the division agreement was not reached until the closing date of the instant argument.

[Ground of recognition] Between the Plaintiff and Defendant I and K: Each description of Gap evidence Nos. 1, 2, and 3, the result of appraiser R’s appraisal and the purport of the entire pleading: The plaintiff and the remaining Defendants: The absence of dispute, each description of Gap evidence Nos. 1, 2, and 3, the result of appraiserR’s appraisal and the purport of the whole pleading

2. According to the above facts of determination as to the cause of the claim, since the Plaintiff and the Defendants, co-owners of each of the lands of this case, did not reach an agreement on the method of partition, the Plaintiff may file a claim against the Defendants, who are other co-owners of each of the lands of this case, for the partition of the instant land pursuant to Article 269(1)

As to the method of division, it is recognized by the evidence mentioned above, the result of the survey and appraisal of appraiser R, and the purport of the whole pleadings.

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