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(영문) 창원지방법원마산지원 2015.05.28 2014가단17124
공유물분할
Text

1. With respect to F. 34.9 square meters of roads F. 34.9 square meters in Changwon-si, Changwon-si, each point of which is indicated in the annexed Form 1 Map 6, 7, 8, and 9.

Reasons

1. Facts of recognition;

A. As to the instant real estate, the registration of transfer of shares 17.6/34.9 shares in the name of the Plaintiff, 7.3/34.9 shares in the Defendant A, and 10/34.9 shares in G, respectively.

B. G died on March 20, 2005, and upon the death of Defendant B, Defendant B inherited at the respective 2/9 shares of 3/9, Defendant C, D, and E.

C. Of the instant real property, the part as indicated in Paragraph 1 of the Disposition is being used by the Plaintiff as the floor of the entrance of the factory.

Of the instant real estate, the part as indicated in Paragraph 1 (a) of the Disposition is being used as a road, and the Defendants have access to their own land through this.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 and 2 evidence (including a provisional number), the result of the request for surveying and appraisal to the Director of the Korea Intellectual Property Tribunal for the Changnam Regional Headquarters of the Republic of Korea, the purport of the entire pleadings

2. Determination

A. According to the facts acknowledged prior to the creation of the right to partition of co-owned property, the Plaintiff and the Defendants shared the instant real estate, and the parties did not reach an agreement on the method of partition of the instant real estate. Therefore, the Plaintiff has the right to co-owned share against the Defendants.

B. In full view of the share ownership ratio of the Plaintiff and the Defendants with respect to the instant real estate recognized by comprehensively taking account of all the evidence revealed prior to the method of partition of co-owned property, the ownership ratio of the instant real estate, the relationship between the Plaintiff and the Defendants, the status of the instant real estate, the size of partition, and ownership relation with each real estate after partition,

3. Conclusion, the real estate of this case is to be divided in kind as stated in the Disposition No. 1, and the costs of the lawsuit are to be borne individually in consideration of the nature and progress of the lawsuit of this case.

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