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(영문) 춘천지방법원 2020.09.15 2019가단57288
공유물분할
Text

Attached Form

The real estate listed in the list shall be divided into Plaintiff B.

Costs of lawsuit shall be borne individually by each person.

Reasons

Attached Form

As indicated in the cause of the claim, the Plaintiffs and the Defendants shared the land size of 1,722 square meters in Chuncheon-si (hereinafter “instant land”). While the Plaintiffs demanded the Defendants to divide the instant land, the Plaintiffs and the Defendants did not reach an agreement on the method of division until the closing date of the pleadings in this case, the fact that there was no dispute between the parties, or that there was no agreement on the method of division between the Plaintiffs and the Defendants, may be acknowledged by taking into account the overall purport of the pleadings in the statement in

Since the Plaintiffs, co-owners of the instant land, and the Defendants did not reach an agreement on the land division method, the Plaintiffs may file a judicial claim against the Defendants for the division of the instant land pursuant to Article 269(1) of the Civil Act.

We examine the method of partition of co-owned property.

In full view of the following circumstances that can be recognized by comprehensively taking into account the evidence and the purport of the entire pleadings, namely, the Plaintiffs, who owns most portion of the instant land share, filed a lawsuit of this case without any contact with the Defendants. The Defendants asserted that the instant land was divided into the sole ownership of Plaintiff B, and that they did not submit any written reply without explicitly disputing this purport, and that they were absent on the date of pleading. In full view of all the circumstances, such as the area, location, and use of the instant land, and the relationship between the Plaintiffs and the Defendants, it is reasonable to divide the instant land into the sole ownership of Plaintiff B.

Therefore, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.

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