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(영문) 전주지방법원정읍지원 2015.05.19 2014가단3496
공유물분할
Text

1. A ship that connects each point of the attached Form No. 1, 2, 14, 15, 16, and 1, among the area of 2,142 square meters in Jeonbuk-gun, Jeonbuk-gun.

Reasons

1. Facts of recognition;

A. The Defendants completed the registration of ownership transfer with respect to 1/3 shares in each of the real estate listed in the Disposition No. 1 of October 18, 1985 (hereinafter “instant real estate”). The Plaintiff completed the registration of ownership transfer with respect to 1/3 shares in its own name on April 3, 2014.

B. However, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may file a judicial claim against the Defendants in accordance with Article 269(1) of the Civil Act.

B. Furthermore, when comprehensively considering the circumstances such as the health room, the result of the on-site inspection by this court, and the current status of the instant real estate, which can be seen by comprehensively considering the overall purport of the pleadings as to the method of division, it is deemed reasonable to divide the instant real estate into 1/2 of the Defendants, the portion of 714 square meters in the ship connected each point of (a) in sequence with the items of 1,2,14,15,16, 16, among the instant real estate, into the Plaintiff, and the portion of 1,428 square meters in the ship (B) connected each point of 2 through 14, and 2 of the indication of the said drawing.

3. According to the conclusion, the instant real estate is to be divided in kind as above.

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