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(영문) 춘천지방법원 2019.11.27 2017가단6316
공유물분할
Text

1. On board (A) connects each point in the attached Form No. 1, 2, 3, 4, 7, and 1 with respect to the area of 393 square meters in Chuncheon-si.

Reasons

1. Defendant F: Article 208(3)3 of the Civil Procedure Act (a judgment by public notice);

2. Determination as to the remaining Defendants except the Plaintiff and Defendant F

A. 1) The fact of recognition is 393 square meters prior to K in Chuncheon-si (hereinafter “instant land”).

As to the Plaintiff, the Plaintiff shared 1948/338 shares; Nonparty C owned 90/384 shares; and Defendant B owned 536/384 shares. Nonparty C died on September 18, 1982; Nonparty C’s heir was Nonparty L, Defendant F (L), Defendant G, Defendant H (L), Defendant I (L), and Defendant J (L). The heir’s heir succeeded to C’s property. The following ratio is as follows. Nonparty C’s heir was 6/2300 female G4/23, G43/23, and 536 shares; Nonparty C’s heir died on September 18, 1982, and Defendant E/46/46 of the instant case’s shares were finally owned with Defendant E/46/64 of the instant case’s shares, including Defendant E/46/64 of the instant case’s shares, and Defendant E/664/64 of the instant case’s shares.

3) The Plaintiff is a cement block structure, cement structure, roof structure, and store 51.46 square meters on the ground of the instant land (hereinafter “instant building”).

(4) The Plaintiff and the Defendants did not reach an agreement on partition of co-owned property as to the instant land, and on December 28, 2017, the Plaintiff filed a lawsuit seeking partition of co-owned property on the following grounds: (a) the building was located in the part (A) connecting each point of the items indicated in the separate sheet No. 1, 2, 3, 4, 7, and 1.

5) According to the appraiser M’s appraisal result, when the land of this case is divided by calculating the area corresponding to the Plaintiff’s share, including the point at which the building of this case is located, and the area corresponding to the Defendants’ share, the land of this case is divided as indicated in the annexed drawing.

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