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(영문) 울산지방법원 2018.08.22 2017가단57006

공유물분할

Text

1. Between the Dong-gu, Ulsan-gu, 605 square meters;

(a)in sequence 1, 2, 3, 4, 5, 14, 15, 16, 12, 13, and 1 of the attached sheet of appraisal;

Reasons

1. Indication of claim: Claim for partition in kind, such as as described in the purport of claim (the share in public land: the share in 311/605, the share in 129/605, and the share in 165/360);

2. The Plaintiff and Defendant B agreed to divide the land in kind as indicated in the separate survey appraisal sheet. In the case of Defendant C, the Plaintiff did not submit an additional opinion on the division plan, in addition to submitting a written response of July 27, 2017 to the effect that the Plaintiff consented to the division plan.

Therefore, the land jointly owned is divided and reverted to each independent ownership as follows.

The portion owned by the Plaintiff: The portion owned by Defendant C with the size of 129 square meters attached Table 6, 7, 8, 9, 10, 17, 10, 11, 12, 16, 14, 15, 16, 12, 13, and 1: The portion owned by Defendant C with the size of 129 square meters connected with each item of (i) the attached Table 6, 7, 8, 9, 10, 17, 17, 10, 11, 12, 16, 15, 14, and 5: The portion owned by Defendant C with the attached Table 5, 6, 18, 17, 10, 11, 12, 16, 14, and 5.

3. Costs of lawsuit: The costs of lawsuit, including costs of surveying and appraising, are to be borne individually by the Plaintiff and Defendant B, taking into account the fact that each of the costs of surveying and appraising was not significantly different, the method of dividing the costs in kind, the filing of the instant lawsuit, the progress of the litigation, etc.