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(영문) 의정부지방법원 2015.05.22 2013가단56969
공유물분할
Text

1. E 2,529 square meters in Namyang-si;

(a) Description 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 18, and

Reasons

1. Basic facts

A. The Plaintiff shares 5/12 shares, Defendant B and C, and Defendant D share 1/4 shares, respectively, and share 1/12 shares, respectively, in Namyang-si, Nam-si.

B. The Plaintiff and the Defendants did not agree on the division of the common property pertaining to the instant real property.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. The Plaintiff, one of the co-owners of the instant real estate, which created the right to partition of co-owned property, can, as a matter of course, file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate, which is jointly owned. Furthermore, insofar as there was no agreement on the method of partition with the Defendants,

B. In full view of all the circumstances, such as the location, land size, area, surrounding circumstances, the respective share ratio of the original and the Defendant, the present utilization status, and economic value of the pertinent real estate as the method of dividing the jointly owned property, it is reasonable to divide the instant real estate as stipulated in paragraph (1) of the Disposition.

3. In conclusion, we decide to divide the instant real estate as above and decide as per Disposition.

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