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(영문) 창원지방법원통영지원 2019.10.15 2018가단4825
공유물분할
Text

1. Attached Table 1, 2, 3, 4, 5, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 34, 34, among the 33,00 square meters of F forest in Doo-si;

Reasons

1. Facts of recognition;

A. Defendant C and G completed the registration of ownership transfer on September 12, 198 with respect to F forest land 36,039 square meters at macro-si.

B. On October 19, 2015, F forest land of 36,039 square meters in the above o-si was divided into 33,147 square meters in F forest land of o-si (hereinafter “instant land”) and H forest of 2,892 square meters in o-si in o-si.

C. G died on December 7, 2004, and on August 11, 2016, Defendant D, the spouse of G, and Defendant D, the spouse of G, and in the future, the ownership transfer registration (I: 3/14 shares, Defendant D, and E shares, respectively) was completed due to inheritance with respect to the shares of G out of the instant land.

On March 13, 2018, the Plaintiff purchased I’s shares (3/14 shares) in the instant land in the public sale procedure and completed the registration of ownership transfer on March 29, 2018.

E. There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-2, and 2-2, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff, one of the co-owners of the instant land, may file a claim against the Defendants, who are other co-owners, for the partition of the instant land jointly owned pursuant to Article 269(1) of the Civil Act.

The above facts and evidence revealed as follows. ① The Plaintiff and Defendant C share the following circumstances, i.e., the Plaintiff’s appraisal of the instant land, i.e., the attached Table 1, 2, 3, 4, 5, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 1 in sequence, and the part 7,103 square meters (hereinafter referred to as “part 1 (a) in the ship”) connected each point of the instant land, which is 5,6,7, 19, 20, 21, 22, 22, 23, and 50 square meters in sequence; ② the Plaintiff and Defendant C share the same at the proportion of 1,470 square meters in each of the instant land (hereinafter referred to as “part 9,470 square meters in each of the instant land”).

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