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(영문) 춘천지방법원강릉지원 2017.06.27 2016가단7018
공유물분할
Text

1. Of 603 square meters in Gangnam-si E Miscellaneous land, each of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 16, 15, 14, 13, and 1.

Reasons

1. Basic facts

A. The F acquired the ownership of the instant land on September 8, 1979, and on December 21, 1993, the F newly constructed an agricultural product storage (hereinafter “instant warehouse”) on the instant land and completed registration of preservation of ownership.

B. On August 31, 1994, G sold 1/2 shares in the instant land and the instant warehouse to G. On November 15, 1995, G sold 1/2 shares in the instant land to G, and on November 15, 1995, G newly constructed a house on H land and registered the preservation of ownership.

C. On May 8, 2002, G sold the shares of 1/2 of the instant land and the warehouse of this case, H land and its ground and completed the registration of ownership transfer to the Defendant.

The F died on June 4, 2010, and on November 18, 2010, the Plaintiffs inherited the Deceased and completed the registration of ownership transfer on the portion of 1/2 of the instant land.

E. The Plaintiffs demanded the Defendant to make a partition of co-owned property on the instant land.

Therefore, the Defendant asserted that the instant warehouse was necessary to be more than 9 square meters in order to prevent illegal buildings from becoming an illegal building, and demanded the Defendant to divide it more than 9 square meters. On November 19, 2016, the Plaintiffs prepared an application for partition of co-owned property with the purport that approximately 9 square meters (29.7 square meters) should be provided to the Defendant free of charge at the time of partition surveying.

F. Of the instant land, the instant warehouse owned by the Defendant is located on the ground as indicated in item (a) of the attached sheet No. 331 square meters, and is located on the line and boundary with each point of the attached sheet No. 7,8, and 9, among the instant land.

In addition, it is located in the current state where the width connected to I's land is about four meters that is adjacent to the right side and the right side of the land in this case.

G. The plaintiffs and the defendant did not reach an agreement on the method of partition of the article jointly owned in this case.

[Ground of recognition] Nos. 1, 2, Eul Nos. 1 through 4, 8, 8.

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