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(영문) 수원지방법원 여주지원 2018.07.26 2017가단54215
공유물분할
Text

1. Of [Attachment 1] No. 1, 2, 7, 8, 9, 10, 11, 12, and 1 of [Attachment 1] marks among [Attachment 1] 707 square meters in Gyeonggi-gun J of Gyeonggi-gu.

Reasons

1. Facts of recognition;

A. On January 27, 1948, the network K and the network L completed the registration of ownership transfer with respect to each of the shares of 1/2 of the instant land.

B. As his father L, who died on November 12, 198, the Plaintiff completed the registration of ownership transfer on June 4, 2017 with respect to 1/2 shares out of the instant land due to a consultation division.

C. The deceased on May 3, 2007, and the deceased on May 3, 2007 succeeded to the property of Defendant B, the network N, Defendant C, D, E, and F, his wife, and upon the death of the network N on September 13, 1998, Defendant G, H, and I inherited the property of the network N, his wife, and as the network M died on December 3, 2010, the Defendants inherited or inherited the property of the network M by inheritance.

Accordingly, each inheritance share of the Defendants is as shown in the separate sheet of co-ownership in attached Form 2. D.

On January 27, 1948, the network L and network K completed the registration of ownership transfer made on January 20, 1948 with respect to the land prior to the division of this case (hereinafter “land prior to the division of this case”).

On April 25, 197, the land before the instant partition was divided into PJ 288 square meters, Qu 423 square meters, and the land before the instant partition.

E. The instant land is located in a planned control area, a nature conservation area, etc., and is abutting on the asphalt-container road at a level of about 3 meters on the south side.

F. The Plaintiff and the Defendants did not reach an agreement on the partition of co-owned property by the date of closing the argument in this case.

G. Defendant E transferred the instant land to May 1, 1992 in a house constructed around 1973 at the center of the instant land. From the death of the network K, Defendant E occupied and used the said land while residing in the said house until now.

H. From August 1, 2007 to August 31, 2017, the sum of rent that does not have a security deposit for rent for one-half portion of the instant land from August 1, 2007 to August 31, 2017 is equivalent to KRW 15,468,571 as stated in the attached Table 3’s appraisal result, and the monthly rent from August 1, 2017 to August 31, 2017 is equivalent to KRW 162,021.

Recognizing evidence: Each description of evidence A, No. 1, 2, and 3, No. 1, 2.

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