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(영문) 수원지방법원 평택지원 2018.10.16 2016가단3299
공유물분할
Text

1. Of the 4,562 square meters of Pyeongtaek-si J Forest land, the part of the ship which connects 9,10,12,13, and 9 in sequence is 69 square meters.

Reasons

1. Facts of recognition;

A. The instant land owned 699/4562 shares in Pyeongtaek-si Jin Park (hereinafter “instant land”) 699/4562 shares, the Selection L’s 699/4562 shares, M’s 916/4562 shares, Defendant D’s 595/4562 shares, and N’s 1653/4562 shares.

B.O was born between M and P, and P died on September 22, 1974.

Suwon District Court decided on September 7, 2017 that "O was missing on March 6, 1980 and the period of disappearance expires," which became final and conclusive on September 28, 2017. The judgment was finalized on September 28, 2017.

C. M died on December 31, 198, and his spouse was Defendant B and C.

N was deceased on June 27, 2016 and there was Defendant E, F, G, H, and I, the inheritor, who is a child.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 9, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, M’s share in the instant land is inherited at the ratio of 3/7, 2/7, 2/7, and 2/7 to the Plaintiff, Defendant B, and C, and the Plaintiff’s share in the instant land becomes 262/4562, respectively. Defendant E, F, G, H, H, and I inherited N 1/5, and the share in the instant land is 330.6/4562, respectively. As to the instant land owned by the Plaintiff, the designated parties, and the Defendants, the Plaintiff may seek the partition of the instant land.

The Defendants did not present their opinions as to the division of the instant land. However, as alleged by the Plaintiff, the part of the instant land connected in sequence 9, 10, 12, 13, and 9 among the instant land, is owned by the Selection K, and the part of 69 square meters in the ship connected in sequence 10, 5, 11, 12, and 10 of the attached drawings is owned by the Selection L, and the part of 392 square meters in the ship connected in sequence 5, 6, 7, 11, and 5 of the same drawings is owned by the Selection L, and the part of 392 square meters in the ship connected in sequence 1,2, 3,4, 9, 13, 8, and 10 are owned by the Plaintiff and the attached drawings are owned by the Plaintiff.

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