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(영문) 의정부지방법원 2016.10.28 2016가단101136

공유물분할

Text

1.(a)

Attached Form

Among the real estate listed in paragraph (1) of the list, each point indicated in attached Form 1 through 4, 8, and 1 shall be in order.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant shared 1/2 shares of each of the real estate listed in the separate sheet as a form of punishment (hereinafter “each of the real estate of this case”).

B. The Plaintiff and the Defendant did not hold a divided consultation on each of the instant real estate until the closing date of the instant argument.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 (including a paper number), the purport of whole pleading

2. According to the establishment of the right to claim partition of co-owned property and the facts based on the method of partition, an agreement on the method of partition between the Plaintiff and the Defendant was not concluded, so the Plaintiff may file a claim for partition against the Defendant, who is another co-owner of each of the instant real estate, pursuant to Article 269(1) of the

Furthermore, in view of the following: (a) the method of division: (b) the entry of Gap evidence No. 1; (c) the intentions of the parties that can be recognized by adding the overall purport of the pleadings as a result of the appraiser C’s appraisal; and (d) the location and size of each real estate of this case, the form and value of each real estate owned by the plaintiff and the defendant through division; and (c) the form and value of each real estate

(A) The Plaintiff’s land area is 9,035 square meters in total, and the sum of the parts owned by the Defendant is 9,078 square meters in total, and the portion owned by the Defendant is 9,078 square meters in total, and the Plaintiff’s greenhouse and the breeding farm are located in the part owned by the Plaintiff).