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(영문) 부산지방법원 2015.07.21 2013가단210424

공유물분할

Text

1. Of the land size 2,548 square meters prior to Busan Seo-gu, it connects each point of the attached Table 1, 2, 3, 18, 16, 17, and 1.

Reasons

1. Basic facts

A. The Plaintiff, Defendant C, D, E, F, G, H, H, I, K, K, L and net M (hereinafter “the deceased”) was jointly owned by the Plaintiff, Defendant C, D, E, F, G, H, H, K, K, L and network M (hereinafter “the instant land”).

B. On January 9, 2013, the deceased died. The deceased’s heir had Defendant N,O, P, Q, and R, who is the deceased’s child, and as the deceased’s heir, Defendant T and U, who is the deceased’s spouse (the deceased’s children, May 14, 2009, and death).

C. There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, a co-owner of the instant land, may file a claim against the Defendants for the partition of the instant land pursuant to Article 269(1) of the Civil Act.

B. In light of the above evidence and the circumstances such as the situation of the real estate of this case, which can be seen by comprehensively considering the overall purport of the pleadings as a result of each appraisal commission with respect to the Busan Metropolitan City Headquarters of Busan Metropolitan City and the Busan Metropolitan City Vice-Governor of the Korea Land Information Corporation, among the land of this case, the land of this case is used as a site for neighboring houses, it is reasonable to divide the land of this case in kind as indicated in the order of the land of this case.

3. According to the conclusion, the land of this case is divided in kind as ordered.