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(영문) 수원지방법원 평택지원 2018.01.25 2017가단5483

공유물분할

Text

1. In Ansan-si E 1421.7 square meters and F 3126.3 square meters, and the auction expenses shall be deducted from the proceeds of sale.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings in the statement No. 1, the claim for partition of co-owned property: ① the Plaintiff and the Defendants shared the share of 1421.7m2 and 3126.3m2 (hereinafter “each land of this case”) in the text of paragraph (1), and ② the fact that the agreement on partition of co-owned property as to each land of this case was not concluded between the Plaintiff and the Defendants.

According to the above facts of recognition, the Plaintiff, a co-owner of the land of this case, may claim a partition of co-owned property against the Defendants pursuant to Article 269(1) of the Civil Act

2. As to the method of partition of co-owned property, and method thereof;

In full view of the purport of the argument as a result of the fact finding about Gap evidence No. 1 and the Ansan market, it is reasonable to divide each land of this case into two thousand square meters or less in the land where the agricultural infrastructure improvement project under Article 22 (2) of the Farmland Act is implemented, and it is not possible to divide the land of this case into two thousand square meters or less in kind in the area calculated according to the ratio of shares of the plaintiff and the defendants. < Amended by Act No. 2000 square meters or less in the case of spot division in the area calculated according to the ratio of shares of the plaintiff and the defendants; and ③ The plaintiff wanting to divide the price and the defendants did not raise any objection to it.