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(영문) 서울남부지방법원 2014.05.29 2013가단4603
공유물분할
Text

1. Of the 294 square meters in Guro-gu Seoul Metropolitan Government, each of the attached Table 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, and 3.

Reasons

The plaintiff and the defendant among Guro-gu Seoul Metropolitan Government 294 square meters (hereinafter referred to as the "site in this case"), the plaintiff is a co-owner with shares of 68/89 square meters (225 square meters) with shares of 21/89 square meters (69 square meters), and the plaintiff and the defendant are not in consultation on the division of the site in this case, and there is no dispute between the parties.

According to the above facts of recognition, the Plaintiff, a co-owner of the instant site, may file a claim against the Defendant, who is another co-owner, for the partition of the instant site.

However, the plaintiff and the defendant agree on the division of the site of this case in kind, and the part 2, 3, 4, 19, 18, 17, 17, and 2 of the attached appraisal is used by the defendant as a tea, the part of the toilet used by the plaintiff is part of the toilet used by the plaintiff, and the part of the above appraisal is 11, 13, 14, 10, 10, 11 among the above appraisal is part of the toilet used by the plaintiff, and the part which connects 11 and 13 among the above appraisal is 10 and 14 is the line based on the columns of the defendant main gate, and the part which connects 10 and 14 is the line based on the defendant main 14, 15, 16, 17, and 18 of the above appraisal is not a dispute between the parties.

Based on the above facts, considering all circumstances, such as the location and size of the site of this case, the current status of the Plaintiff and the Defendant currently using the site of this case, the removal of some other buildings anticipated after division, and the subsequent cost of loss or removal of economic and social utility, it is reasonable to divide the site of this case into its share of shares according to the criteria line of Seodaemun, not the base line of Seodaemun.

Therefore, it is decided as per Disposition by deciding to divide the site of this case in kind according to the standard line of the main columns in the attached appraisal sheet.

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