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(영문) 대전지방법원서산지원 2020.11.24 2020가단53694

공유물분할

Text

Of the land size of 1509 m2, the attached Form 1 drawings (A) and 335.33m2 shall be indicated by the Plaintiff, and the same drawings (B).

Reasons

1. In full view of the purport of the entire arguments as to the cause for the claim Gap's evidence Nos. 1 and 2, the real estate of this case is owned by the plaintiff, defendant C, and defendant D in their respective shares of 2/9 and 3/9. The real estate of this case is in the form of a square, as seen in the annexed drawing Nos. 1, and the real estate of this case is adjacent to one of the above real estate, and if the main road is divided in kind in the form of a rectangular type like the same drawing, it is reasonable to recognize that all of the real estate to be divided in kind is adjacent to the above main road as the area ratio corresponding to the corresponding shares ratio. In addition, the real estate of this case is divided in kind in consideration of the allegations by the parties who expressed active intent as to the division in the pleading of this case.

2. In conclusion, among the real estate in this case, the Plaintiff’s indication of the annexed drawing Nos. 1 (A) and part 335.33 square meters in the annexed drawing Nos. 33 in the same drawing Nos. 335.33 in the same drawing Nos. 3 and 335.34 in the remaining part (C) shall be divided into the joint ownership by Defendant B’s 3/5 and Defendant C’s 2/5’s shares. It is so decided as per Disposition.