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(영문) 대구지방법원영덕지원 2015.02.10 2014가단1800
공유물분할
Text

1. Of the area of 684m2, the attached sheet No. 1, 2, 3, 4, 10, 11, 12, 13, 14, and 1 each point of the attached sheet No. 1, 2, 3, 4, 10, 14, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff owns the share of 456/684, and the Defendant owns the share of 228/684, respectively, in the area of 684 square meters in the Seoul Special Metropolitan City, Ulsan-gun (hereinafter “instant land”).

B. Of the instant land, the portion of the attached appraisal sheet Nos. 1, 2, 3, 4, 10, 11, 12, 13, 14, and 1 are constructed on the ground owned by the Plaintiff on the ground of the attached sheet No. 456 square meters (hereinafter “the portion occupied by the Plaintiff”). The attached sheet No. 4, 5, 6, 7, 8, 9, 10, and 4 are used as the Defendant’s garden in order to connect each point of the attached sheet No. 4, 5, 6, 7, 8, 9, 10, and 4 (hereinafter “the part occupied by the Defendant”).

C. The Plaintiff wanted to divide the instant land according to its use status, and did not reach an agreement on the method of partition between the Defendant and the co-owned property.

[Ground for Recognition] A: Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, result of on-site inspection by this court, result of appraiser D's survey and appraisal, purport of whole pleadings

2. Determination

A. According to the above facts, the plaintiff can claim a partition of co-owned property against the defendant, the co-owner of the land of this case.

B. Furthermore, in full view of various circumstances as to the method of partitioning the land of this case, such as the location, shape, size, share, use status, etc. of the land of this case, it is deemed reasonable to divide the land of this case into the land of this case as it is currently used by the Plaintiff and the Defendant. Therefore, it is so decided as per

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