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(영문) 전주지방법원 2019.08.21 2018가단29063
공유물분할
Text

1. [Attachment 1] Real estate shall be divided into the Plaintiff’s sole ownership.

2. The Plaintiff (attached Form 4) to the Defendants.

Reasons

1. The Plaintiff and H shared the instant land at a rate of 56/73 shares and 17/73 shares, such as the current status of the registration of real estate and H’s inheritance relationship. H died on January 2, 1998 and became co-inheritors according to their respective shares as stated in attached Table 4.

The instant land is in contact with the I land owned by the Plaintiff and the J land owned by the Defendants, and part of the instant land is set up on the one hand, while a fence is installed between the instant land and the said J land.

The market value of each inheritance share of the Defendants shall be as specified in attached Form 4 as of July 1, 2019.

[Ground of recognition] A without dispute, each entry or video of Gap evidence 1 to 2-2, the result of a request for market price appraisal, the purport of the whole pleadings

2. From among co-owners of the instant land, it is difficult to conclude a partition agreement among co-owners because the whereabouts of Defendant B, F, and G are unknown, and considering the following factors: (a) the method of division is examined; (b) the current status of the use of the instant land recognized as above; and (c) the surrounding circumstances, etc., it is reasonable to deem that the instant real estate is acquired in kind by the Plaintiff and to have the Plaintiff compensate the Defendants for each equivalent value to their share

3. According to the conclusion, the land of this case is to be divided in kind by price compensation, and it is so decided as per Disposition.

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