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(영문) 의정부지방법원 2015.09.04 2014가단4446

공유물분할

Text

1.2,043 square meters prior to K in Macheon-si;

(a) A ship that connects each point of which is indicated in the Appendix 6, 7, 8, 9, 10, 11, 12, and 6.

Reasons

1. Basic facts

A. Defendant C, D, E, F, G, H, I, and J, each of which succeeded to the Plaintiff’s 6/16 shares, Defendant B’s 2/16 shares, and the network L’s 1/2 shares, are jointly owned by Defendant C, D, E, F, H, I, and J, respectively.

B. The Plaintiff and the Defendants did not agree on the division of the common property pertaining to the instant real property.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. The Plaintiff, one of the co-owners of the instant real estate, which created the right to partition of co-owned property, can, as a matter of course, file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate, which is jointly owned. Furthermore, insofar as there was no agreement on the method of partition with the Defendants,

B. In full view of all the circumstances, such as the location, land size, area, surrounding circumstances, the ratio of shares of the original and the Defendant, and economic value of the pertinent real estate as the method of dividing the jointly owned property, it is reasonable to divide the instant real estate as stipulated in paragraph (1) of the Disposition.

3. In conclusion, we decide to divide the instant real estate as above and decide as per Disposition.