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(영문) 광주지방법원 2018.05.01 2016가단29307
공유물분할
Text

1. 전남 담양군 D 임야 79,519㎡를, 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ,...

Reasons

1. Facts of recognition;

A. On August 5, 2016, the Plaintiff: (a) indicated that the area of the instant land is 79,736 square meters in the copy of the register, which is 79,736 square meters of land, the Plaintiff acquired ownership of the said land by completing the registration of ownership transfer with respect to 1/3 share of 1/3 of the instant land, among the following: (b) according to the result of the request for the survey and appraisal on the Korea Land Information Corporation, Gwangju Special Metropolitan City, Gwangju Special Metropolitan City, Gwangju Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special

B. At the time of the Plaintiff’s acquisition of the said shares, T and U were registered as co-owners who jointly own one-third shares of the instant land.

C. However, upon the death of March 11, 2005, T inherited the Defendant (Appointed Party) C, Selection E, Selection F, Selection G, Selection H, Selection H, and Selection I. Of T’s children, C died on August 9, 2002 and died on August 9, 2002 before T’s death, J, his children L, his children, and Selection K inherited by representation.

U died in around 1940 and died in 1956, that South-North X died in September 9, 1996, and the co-inheritors are his wife M and the Defendant (Appointed Party), N, Selection, Selection, P, Q, Selection, R, Selection.

E. The Plaintiff, the co-owner of the instant land, and the Defendant (Appointeds) and the designated parties did not reach an agreement on the method of dividing the instant land.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence (including branch numbers in case of additional number), the whole purport of the pleading

2. Determination:

A. According to the above facts of recognition, the Plaintiff did not reach an agreement on the method of division between the Plaintiff and the Defendant (appointed parties) that share the instant land and the designated parties. Therefore, pursuant to Articles 268 and 269 of the Civil Act against the Defendant (Appointed parties) who are other co-owners, the Plaintiff is the instant court.

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