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(영문) 의정부지방법원 2017.04.26 2016가단26426
공유물분할 등
Text

1. Each land listed in paragraphs 1 and 2 of the Schedule shall be divided as owned by the defendant.

2.Paragraph 3 of the annex.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant shared each of the lands listed in [Attachment List Nos. 1 to 3 (hereinafter collectively referred to as “the instant land”) as shown in the following table.

Plaintiff

Defendant Book 1/5 4/5 (120/150) 1

B. As of the date of closing argument of the instant case, there was no agreement between the Plaintiff and the Defendant on the method of dividing the instant land.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1-3, and evidence 2, the purport of the whole pleadings

2. Determination

A. According to the facts established prior to the creation of the right to partition of co-owned property, the Plaintiff may claim a partition against the Defendant at any time pursuant to Article 269(1) of the Civil Act as to the land of this case, and thus, it is deemed that the Plaintiff has

B. Division of the method of partition of co-owned property is in principle divided in kind by the court in the case where the co-owners voluntarily choose the method, but if the co-owned property is divided by the judgment because the agreement is not reached.

In light of the following circumstances, it is reasonable to divide the instant land as indicated in paragraphs 1 and 2 of this Article, in light of the following circumstances, which can be seen by comprehensively taking account of the results of surveying and appraising the Korea Land Information Corporation and the overall purport of oral arguments in the Republic of Korea (see, e.g., Supreme Court Decision 2004Da10183, Jul. 22, 2004).

In other words, the land listed in paragraphs (1) and (2) of the attached Table among the land in this case is owned by the defendant's sole ownership, and the land listed in paragraph (3) of the attached Table 1,521 square meters in the ship connecting each point of the attached Table 1,2,3,4,5,13,10,11,12, and 1,521 square meters in the attached Table 1,521 square meters in the attached sheet among the land listed in paragraph (3) shall be owned by the defendant, and the land owned by the defendant, and 912 square meters in the ship connecting each point of the attached Table 5,6,7,7,8,9,9,10,13,13, and 5 shall be equal

3. For the foregoing reasons, we conclude as above.

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