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(영문) 춘천지방법원 강릉지원 2018.02.06 2017가단33236
공유물분할
Text

1. Of the land 5,408 square meters in the East Sea, the attached appraisal maps are linked in sequence to each point of 1,2,3,33,34, 19 through 32 and 1.

Reasons

1. The Plaintiff and the Defendant are one-half share holders of 5,408 square meters (hereinafter “instant land”) in the East Sea, respectively, at the same time, and the Plaintiff and the Defendant did not reach an agreement on the method of partition by the date of closing the argument in the instant case may be acknowledged by taking into account the respective entries in subparagraphs A through 4 and the purport of the entire pleadings.

2. Determination

A. According to the above facts, the plaintiff has the right to partition co-owned property against the defendant on the basis of co-owned share pursuant to Article 269(1) of the Civil Act.

B. Furthermore, as to the method of partition, the partition of co-owned property by judgment is in principle divided in kind as long as a rational partition can be made according to the share of each co-owner. In view of the evidence employed earlier, the result of the on-site inspection by this court, and the following circumstances acknowledged as a result of the survey and appraisal by this court on the Korea Land Information Corporation, i.e., the Plaintiff may recognize the fact that the portion of item (a) connects each point of the attached appraisal in sequence 1, 2, 3, 33, 34, 19 through 32, 1, and 1, and the same appraisal is 3,4 through 18, 34, 33, and 33, and the location and use status of the land of this case, the part of item (a) of the land of this case is owned by the Plaintiff, and that part shall be divided into the Defendant (b)

3. In conclusion, the method of partition of co-owned property as to the land of this case is determined as above. It is so decided as per Disposition.

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