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(영문) 대전지방법원서산지원 2020.07.28 2019가단4443

공유물분할

Text

1. It connects each point of the attached Schedules 1, 2, 3, 4, 5, 6, 7, and 1 among the real estate listed in the attached Table 1.

Reasons

1. In full view of the purport of the entire arguments in the statement No. 1-1 and No. 2 of the judgment as to the cause of the claim, the Plaintiff, the Defendant, and the appointed parties share each of the real estate in their shares of 1/9, and each of the above real estate is adjacent to each other.

The Plaintiff and the Defendants wish to divide each of the instant real estate in kind. The Plaintiff and the Defendants included a path that the Plaintiff wishes to divide into the instant real estate into the place where a grave under the Defendants’ protocol was installed. As such, the dispute between the Plaintiff and the Defendants may continue to exist if the division is made as above, and it is not permissible under the principle of equity because the Plaintiff and the Defendants demand the entire part abutting on each of the instant real estate and their meritorious services. On the other hand, the portion of the attached Form (A) that the Defendants want to divide into the Plaintiff’s sole ownership is connected with their contributions and is not inside the instant real estate, and thus, it does not seem unreasonable to both the Plaintiff and the Defendants.

Therefore, among each real estate of this case, the portion 1,304.77 square meters in the ship connected in order to each of the items indicated in the annexed drawings Nos. 1, 2, 3, 4, 5, 6, 7, and 1 among the real estate of this case is owned independently by the plaintiff, and the portion 10,438.23 square meters in the ship connected in the order of each of the items indicated in the same drawings No. 1,8 through 30,44, 3, 2, and 1 should be divided into co-ownership according to the respective shares of the defendants.

2. In conclusion, each of the instant real estate is to be divided in kind as above, and with respect to the auction division of the Plaintiff’s conjunctive claimant, each of the instant real estate is to be divided in kind as long as the said real estate is divided in kind, and it is decided as per Disposition.