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(영문) 수원지방법원안산지원 2016.04.26 2013가단36651
공유물분할
Text

1. The defendant shall jointly own the shares of 1/2 (the part owned by the plaintiff) among the real estate listed in the attached list from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant share the real estate listed in the separate sheet (hereinafter “instant land”) in 1/2 shares, respectively.

B. As shown in the attached reference map, the land of this case is in the shape of an irregular type, and there are containers, the board warehouse, the board building, and the flag and the house building owned by the defendant on the land of this case, and the defendant currently operates the restaurant business in the above buildings.

It is impossible to divide the instant land into 1/2 area without removing the above buildings owned by the Defendant.

C. The parties did not reach an agreement on the method of dividing the land of this case until the date of closing the argument of this case.

The plaintiff wants to divide the auction by auction, and the defendant wants to compensate for the value of the plaintiff's share and receive the share transfer and raise the plaintiff's share.

Market value of the one-half share of the instant land is KRW 274,810,500.

[Ground of recognition] A without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 4-7, Eul evidence 2-1-4, Eul evidence 2-1-2, the result of the request for surveying and appraisal of the mountainous district located within the Korea Cadastral Corporation, the result of the request for appraisal of the market price of appraiser C, the purport of the whole pleadings

2. Co-owners who have created the right to claim partition of co-owned property may claim partition of the co-owned property, and if the agreement as to the method of partition of the co-owned property has not been reached, the court may make such

Therefore, the Plaintiff, a co-owner, may claim a partition of the instant land against the Defendant, who is another co-owner.

3. Method of partition of co-owned property;

A. Division of the relevant legal doctrine-based co-ownership may be selected at will if the co-owners reach an agreement, but if the co-ownership is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or it is remarkably impossible to divide it in kind, or it is possible to divide

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