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(영문) 대전지방법원서산지원 2015.01.23 2014가단3094
공유물분할
Text

1. The attached appraisal map indicating 1,2,3,4,24,25,26,27,28,28,29, 30,31, 32, 33, 34, 35, 36, 1 among the area of 2,787 square meters in Seosan-si, Seosan-si;

Reasons

1. Facts of recognition;

A. The Plaintiff shares 1,320/2,787 shares, and the Defendant shares 1,467/2,787 shares, respectively, in the area of 2,787 square meters before Seosan-si (hereinafter “instant land”).

B. The Plaintiff and the Defendant were originally married, and the instant land was jointly owned as a division of property, when they were divorced upon the completion of mediation on December 27, 2006 of the case of claim such as the Seosan Branch of Daejeon District Court No. 2005ddan2625, 2006ddan1049 (Counterclaim) (Counterclaim).

C. After that, the Plaintiff 1,320 square meters in the attached Form 1, 2, 3, 4, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 1 are installed in the ship connected in order to each of the items in the attached Table 1, 2, 3, 4, 24, 25, 27, 28, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 24, and 34, 36, 34, 36, 36, and 14, and 14,000 square meters in the land of this case.

The plaintiff want to divide the land of this case as currently being used due to the restriction on the exercise of ownership, but the defendant does not comply with this.

[Ground of recognition] Each entry or video of Gap evidence Nos. 1 through 6 (including paper numbers), the result of appraiser D's survey and appraisal, the purport of the whole pleadings

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

In full view of all the circumstances, such as the location, shape, area, share, utilization status, possession status, and doctor of the land of this case, it is 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.

It is so decided as per Disposition.

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