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(영문) 광주지방법원순천지원 2017.05.18 2015가단3154
공유물분할
Text

1. Of the area of 4,582 square meters in the annexed Form (1), the portion 1,238 square meters in the ship indicated in the annexed Form (1) shall be owned by the Plaintiff.

Reasons

1. Basic facts

A. The land indicated in the disposition (hereinafter “instant land”) originally owned 1/3 shares of T, U, and V (the address indicated in the register: the name and permanent domicile indicated in W, Jeju-gun’s certified copies: X/Y). Since then, 677/1,386 shares of the instant land were transferred in sequence to the Plaintiff on July 17, 2012 through Z, AA, and AB.

B. The Defendants, as all co-inheritors of net T, net U, and networkV, jointly succeeded to the property, including the deceased’s share in the instant land (i.e., 709/4,158, 709 (709 (1, 386-677)/1,386 x 1/3) as shown in the Defendant’s inheritance shares.

C. Until the closing date of the instant case, there was no division consultation between the Plaintiff and the Defendants on the instant land.

[Ground of recognition] Facts without dispute, evidence Nos. 1 through 3, high interest police officer of this court, AC Myeon, AD Myeon, and AE Myeon, and the purport of the whole pleadings

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

In addition, in full view of the following circumstances that are acknowledged by comprehensively taking account of the overall purport of the pleadings as a result of the appraisal commission with respect to the head of the Gohung Korea Land Information Corporation, the following circumstances, namely, the current status and form of the instant land, the Defendant P, Q, and R, the heir of the networkV, consented to the method of spot division as indicated in the Disposition No. 1 presented by the Plaintiff, and the remaining Defendants did not present any opinion as to the method of division, etc., it is reasonable to divide the instant land in kind as described in Paragraph 1

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