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(영문) 수원지방법원평택지원 2019.02.19 2017가단60305
공유물분할
Text

1. Of the land size of 1369 square meters prior to Ansan-si N, each point indicated in the Appendix No. 83, 84, 85, 61-68, 39, 70-76, 24, and 83 are successively connected.

Reasons

1. Facts of recognition;

A. The Plaintiff owned 414/1624 shares, G’s 600/1624 shares, and B owned 610/1624 shares, respectively.

B. G died on May 8, 1981, and H, as Australia inheritor, succeeded to G in proportion to 6:1:4.

C. On June 26, 1995, P died, and Defendant M, I, and J inherited P, and Defendant M, I, and J agreed to transfer the said Defendants’ shares to Defendant I.

Q died on January 31, 2001, and the defendant L and J inherited Q in 1/2 each.

E. B died on January 29, 200, and Defendant F, E, C, and D inherited each of the shares in B one-fourths.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, Eul evidence 1 to 6 (including paper numbers) and the purport of the whole pleadings

2. In addition to the above facts of determination as to the cause of the claim, there is no evidence to acknowledge that there was an agreement among the above co-owners on the prohibition of partition on the O and N land, and the Plaintiff may claim the Defendant to divide the above land pursuant to Article 269 of the Civil Act.

In full view of the purport of the entire pleadings as seen earlier, G’s O and N’s area is 1983 square meters, G appears to have occupied the part of “A” in the attached Form No. 1-54, and 1 among the 4000 square meters prior toO, and Defendant C, D, E, and F, the inheritor of the Plaintiff and B, are 83,84,85,61-61-68, 39, 70-76, 24, and 83, and are 912 square meters, 80, 81, 82, 83, 24, 26, 27, 300 square meters, 28, 300 square meters, 30, 308, 47, 284, 256, 26, 277, and 80 square meters, 30, 306, 485, 275, and 80.

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