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(영문) 울산지방법원 2020.05.29 2019가단1731
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale, which is put up for an auction the G of Ulsan-gun, Ulsan-gun, and the proceeds of the sale.

Reasons

1. Facts of recognition;

A. The instant site is owned by the Plaintiffs respective 93/136 shares, Defendant C’s 483/68 shares, and Defendant F’s 92/668 shares. 2) The instant site is affiliated with “I” as in the current status of the instant site (attached Form 1). On the ground, the instant site is affiliated with “I” as in the current status. On the ground, the instant site is affiliated with the block block structure, block structure, string roof, and 69.4 square meters in store (the instant site address is indicated in the foregoing attached Form; hereinafter “Defendant C building”) and the Defendant FJ Jho-dong, Jho-dong, BJllllllllllllllllllllllllllllllel, and 60.5 square meters in neighboring living facilities (hereinafter “Defendant F building and hereinafter “Defendant F building”).

3) The Plaintiffs, Defendant C, and F did not reach an agreement on the method of dividing the instant site by the closing date of the argument in the instant case. B. The instant orchard 908 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant orchard”).

(1) The instant orchard shares 2/12 each of the Plaintiffs, 1/12 shares by Defendant D, and 7/12 shares by Defendant E.

2) The instant orchard is linked to the instant orchard, such as the cadastral yellow road, and the part between the Defendant C and Defendant F building among the instant site passes through the city planning facility (I) via the part between the Defendant C and the Defendant F building. 3) By the closing date of the instant argument, there was no agreement on the method of dividing the instant orchard between the Plaintiffs, Defendant D and E by the closing date of the argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 to 4 and the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, the Plaintiffs, co-owners of the instant land and orchard, as co-owners of the instant land and orchard, may file a claim for partition against Defendant C and F, which are the remaining co-owners of the said land, and the said claim against Defendant D and E, who are the remaining co-owners of the said orchard.

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