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(영문) 대구지방법원의성지원 2020.05.20 2018가단970

공유물분할

Text

1. The forests and fields H 6,521 square meters in Cheongju-gun, Chungcheongnam-gun, Chungcheongnam-do, and the marks indicated in the attached Form 8, 9, 10, 11, 12, 13, 14, 23, 24, 25, 26, 27, 28, and 8 of the attached Form.

Reasons

1. Facts of recognition;

A. The Plaintiff owned 2/7 and the Defendants owned 1/7 shares of 1/7 each of the co-ownership with respect to H forest 6,521 square meters (hereinafter “instant land”).

B. Until the date of the closing of the instant argument, no agreement on the method of dividing the instant land was reached.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

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

B. In full view of the following circumstances, the method of partition of co-owned property, the size, shape, current utilization of the land of this case, market price, shape and size of the land after partition, and the share ratio of the Plaintiff and the Defendants in the pleadings of this case, it is deemed fair and reasonable to divide the land of this case in kind as stated in paragraph (1) of this Article.

3. Therefore, it is so decided as per Disposition by the assent of all participating Justices on the division of the instant land in kind, as described in Paragraph 1 of the Disposition.