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(영문) 창원지방법원진주지원 2017.11.21 2015가단7622
공유물분할
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 24, 1970, registration of preservation of ownership was completed on the portion of 1/2 in the name of E and F on August 24, 1970 with respect to D forest land of 158,211 square meters (hereinafter “instant land”).

B. On April 11, 1985, the Plaintiff completed the registration of ownership transfer with respect to 1/2 shares of E in the instant land on the grounds of sale on February 20, 1973, and completed the registration of ownership transfer with respect to 1/8 shares in the said land to Nonparty G on April 12, 1989.

C. As F died on September 20, 1984, Defendant B completed the registration of ownership transfer for one-half of F-half of the land of this case on the ground of inheritance by consultation and division on August 5, 1991, and Defendant C completed the registration of ownership transfer for one-eight of G on November 30, 2004 with respect to one-eight of G on November 30, 2004.

The plaintiff is growing seedlings inside the land located within the part of the case (b) of this case after installing two plastic houses and growing seedlings inside the land. The plaintiff is on the ground of the part above (b) of the landscaped water supply waterworks planted by the plaintiff, and the tombstones of defendant B are on the ground of the land in this case, and the tombs of defendant B are on the part of the land in the part (a) in the ship (hereinafter referred to as the "part (a) of this case") connected in sequence each of the parts in the annexed drawing Nos. 1 through 63, (b), (a), 119 through 137 and 1

[Ground of recognition] A without dispute, entry of Gap evidence 1 and 3, entry of Eul evidence 1, survey and appraisal of appraiser H, the result of on-site verification by this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff alleged that he purchased the part of the land of this case from Nonparty E, and occupies it, and Defendant B occupies the part of (1) and Defendant C occupies the part of (3).

The plaintiff and the defendants have divided ownership of specific parts of the land of this case, and are in the mutual title trust relationship with the sectional ownership registration.

The plaintiff claims and causes of the claim of this case.

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