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(영문) 수원지방법원 여주지원 2018.05.17 2017가단56129
공유물분할
Text

1. Of the 996 square meters in Gyeonggi-gu H H, the number of points indicated in the annexed Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 are successively connected.

Reasons

1. Facts of recognition;

A. As to the land of this case, the Plaintiff owned 892/996 square meters in Gyeonggi-gu HW-gun (hereinafter “instant land”), and the Defendants owned 104/996 square meters in net I (Death on January 31, 1995) according to each 1/6 inheritance shares.

B. Of the instant land, the Plaintiff owned a bridge 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 7.84 square meters of land of this case, which are constructed on the ground of 892 square meters on the land of 1, 2, 3, 4, 5, 6, 7, 8, 9, 100 square meters of land of this case, one story 51.75 square meters of a single-story house of 892 square meters of land of this case, 31.37 square meters of a bridge 19.14 square meters of land of this case, one story 19.14 square meters of land of

C. The registration of ownership transfer in the name of Defendant D was completed with respect to the area of J 793 square meters adjacent to the land of this case, which was based on the inheritance due to the consultation division on January 16, 2004. The registration of ownership transfer in the name of Defendant E was completed on March 4, 2004. The location of the land of this case and the land of this J is as shown in the attached Table 2 cadastral survey result. The land of this case is as shown in the attached Table 1 drawing indication 9, 10, 11, 12, 13, 14, 15, and 9 among the land of this case, and the land of this case is used in the same manner as the above J-gun and the land of this case as the land of this case.

No agreement was reached between the Plaintiff and the Defendants regarding partition of co-owned property until the closing date of the instant argument.

[Based on Recognition: Each entry or image of Gap evidence 1 through 14 (including branch numbers), the result of the request for surveying and appraisal by this court, and the purport of the whole pleadings]

2. Determination

A. According to the above recognition facts, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land against the Defendants, who are other co-owners.

B. The co-ownership ratio of the Plaintiff and the Defendants as to the land of this case, as examined in the above acknowledged facts, and the location of the land above.

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