beta
(영문) 대전지방법원 공주지원 2018.09.06 2017가단1515

공유물분할

Text

1. A ship that connects each point of the attached Table 5, 6, 7, 8, 9, 10, 23, and 5, among the landing 1,603 square meters of H 1,603 square meters in Si-si.

Reasons

1. According to the overall purport of the statements and arguments as to Gap's evidence Nos. 1 through 3, it is recognized that Plaintiff A shared 1/14 shares, Plaintiff B's 3/14 shares, Defendants shared 1/7 shares, and there is no special agreement prohibiting partition of the instant real estate between the Plaintiffs and the Defendants, and that there was no agreement prohibiting partition of the instant real estate until now.

According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim the division of the said real estate against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.

2. In full view of all the circumstances revealed in the pleadings, such as the fact that the Defendants did not respond to the Plaintiff’s claim for partition, the Defendants were served with the written application for change of the purport and cause of the claim with the instant complaint, and did not appear on the date of pleading, and the present situation of the instant real estate, it is reasonable to divide the instant real estate into pieces 1 through 3 of the Disposition.

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