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인천지방법원 2016.06.30 2014가단69251

공유물분할

Text

1. The attached appraisal marks 19, 20, 21, 36, 35, 33, 34, and 19 shall take precedence in the order of the Gyeyang-gu Incheon Embre, and the attached appraisal marks.

Reasons

1. In full view of the facts without dispute, the entries in Gap evidence Nos. 1 through 4, and the purport of the entire pleadings, the plaintiff and the defendants can file a claim for the partition of the land of this case on the following grounds: the plaintiff and the plaintiff are co-owners of E, Gyeyang-gu Incheon Metropolitan City E, of 784 square meters and of 2646 square meters in Incheon Gyeyang-gu (hereinafter collectively referred to as the "land of this case") and the share owned by the plaintiff; the share owned by the defendant Eul is 17/25; the share owned by the defendant C and D is 3/25; and the plaintiff and the defendants did not reach an agreement on the partition of the common property of this case.

2. As to the method of partition, the division of co-owned properties by trial shall be, in principle, divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. In light of the following: (a) the description of evidence Nos. 1 through 4; (b) the shape of the land in this case, the location of the land in this case; (c) the purpose of using the land in this case and its use; (d) the respective share ratios of the Plaintiff and the Defendants in relation to the land in this case; and (e) the intent and all other circumstances of the parties expressed in the proceedings of the pleading in this case, it is reasonable to divide the land in this case as described in

3. It is so decided as per Disposition.