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(영문) 대구지방법원포항지원 2020.06.02 2019가단104790
공유물분할
Text

1. As to each land listed in Appendix 1 List:

(a) The land described in paragraph 1 is owned by the Plaintiff;

(b)Paragraph 2.

Reasons

1. Case summary and judgment

A. While the Plaintiff shares each land listed in the separate sheet No. 1 (hereinafter referred to as “instant land”) with 14/17 and the Defendant’s share of shares in 3/17, the fact that no agreement was reached between the Plaintiff and the Defendant regarding the method of partition of the instant land does not conflict between the parties, the Plaintiff is entitled to file a claim against the Defendant for partition of the instant land.

B. Method 1) The Plaintiff is the owner of C & 183 square meters adjacent to the land indicated in attached Table 1 List 1, and the Plaintiff is the owner of C & 183 square meters adjacent to the land indicated in attached Table 1 List 1. As to the method of dividing the instant land, the Plaintiff and the Defendant agreed to combine the instant land during the instant lawsuit and divide it in kind by acquiring the adjacent parts to the said land (see attached Form 5 drawings). According to such division method, the land listed in attached Table 1 List 1 List 1 List 1 List 1 List 1 List 1 List 2 is inevitable to be owned solely by the Plaintiff, and if reflecting it, it is reasonable to have the Defendant acquire the land indicated in attached Table 1 List 2, and the Plaintiff acquire the area of 452 square meters (in case of dividing the land, in principle, the area of the land acquired by the co-owner shall be equal to the proportion

2) On the premise of the foregoing, the Defendant presented a separate proposal (the “BB” portion of the land indicated in Appendix 1 List No. 1 List No. 2) as indicated in Appendix 1 List No. 2, first of all, the Defendant presented as to the land listed in Appendix 1 List No. 2, and based on which the Defendant promised to have the Plaintiff own the land listed in Appendix 1 List No. 1 List No. 2 by himself/herself (the fact that the Defendant need to acquire the above and shape more favorable for the land listed in Appendix 1 List No. 2) and the need for constructing the building on the land acquired by the Defendant.

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