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(영문) 의정부지방법원고양지원 2015.11.25 2012가단20300

공유물분할

Text

1.(a)

Attached Form

Defendant B shall have the real estate indicated in paragraph (1) of the attached Table 1 as part 1,822 square meters.

Reasons

1. Facts of recognition;

A. The remaining Defendants, other than the Plaintiff and Defendant G, share the real estate listed in attached Table No. 1 (hereinafter “instant land”) at the rate of 1,530/6,120 shares, Defendant B’s 2,030/6,120 shares, Defendant C’s 1,530/6,120 shares, Defendant D’s 500/6,120 shares, Defendant E’s 350/6,120 shares, Defendant E’s 180/6,120 shares, and Defendant F shares at the rate of 180/6,120 shares.

B. The Plaintiff and the Defendants share the real estate listed in [Attachment List No. 2 (hereinafter “instant land”) at the rate of 1,530/6,120 shares, Defendant B’s share of 1,530/6,120 shares, Defendant C’s share of 1,530/6,120 shares, Defendant D’s share of 50/6,120 shares, Defendant E’s share of 350/6,120 shares, Defendant F’s share of 180/6,120 shares, Defendant C’s share of 50/6,6,120 shares, Defendant G’s share of 50/6,120 shares.

C. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant 1 and 2 land.

Defendant G is a child of Defendant B.

Defendant D, E, and F are South Korea.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. According to the above acknowledged facts, the plaintiff's claim for partition of co-owned property is justified.

As a result of the on-site inspection conducted by appraiser H, taking into account the following circumstances: (a) as a result of the fact-finding conducted by the appraiser H with respect to the head of Geumcheon-gu in this Court, the current status of the instant land used as at the present time; (b) the proportion of co-owned shares on the ground of the instant land; (c) economic value after division; (d) the current status of surrounding land; and (e) the intent of the parties to the division; and (e) the relationship between the parties, etc., the instant land 1 and 2 shall be divided in kind; and (e) the portion 1,822 square meters of the instant land indicated in Appendix 1 is owned by Defendant B; and (e) the portion 1,373 square meters of the “B” indicated in the same drawing is owned by Defendant C; and (c) the portion 925 square meters of the “c” portion indicated in the said drawing is divided into the portion owned by Defendant D, Defendant E, Defendant E, Defendant F, and Defendant F, 18/103 square meters.