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(영문) 의정부지방법원 2017.08.30 2016가단24000

공유물분할

Text

1. G paddy-si: 2,148§³;

(a) connect each point in the separate sheet No. 13, 4, 5, 6, 7, 8, 15, 14, and 13, as indicated in the separate sheet No. 13,4,5,6,7,8,

Reasons

1. The Plaintiff and the Defendants shared the instant real estate 2,148 square meters (hereinafter “instant real estate”) as the shares indicated below.

Co-owners’ co-owners’ share Nos. 191.7462, 91.7462, Defendant B2,148/148, 54.837/36, Defendant C2,147/4, Defendant D 36.5757/575, Defendant E2,148/148, 36.575/148, Defendant F2,148/148, as of the date of the closing of the instant argument, did not reach an agreement on the method of dividing the instant real estate between the Plaintiff and the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, the purport of the whole pleadings

2. Determination

A. Co-owners may file a claim for partition of co-owned property (the main sentence of Article 268(1) of the Civil Act). If a consultation as to the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court. If it is impossible to divide it in kind or the value thereof is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269 of the Civil Act). Accordingly, the Plaintiff, co-owners, as co-owners, may file a claim for partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) and Article 269 of the Civil

B. Division of the method of partition of co-owned property is in principle divided in kind by the court in the case where the co-owners voluntarily choose the method, but if the co-owned property is divided by the judgment because the agreement is not reached.

(see, e.g., Supreme Court Decision 2004Da10183, Jul. 22, 2004). The following facts can be acknowledged in full view of the results of the on-site verification by this court, the results of the commission of surveying and appraisal of the Korea Land Information Corporation, and the purport of the entire pleadings.

① 이 사건 부동산 중 별지 감정도 표시 13, 4, 5, 6, 7, 8, 15, 14, 13의 각 점을 차례로 연결한 선내 ㈏ 부분 992㎡에...