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(영문) 대전지방법원홍성지원 2017.11.01 2017가단2311
공유물분할 청구
Text

1. Of each land listed in the separate sheet, the Defendants owned the land listed in Paragraph 1, and the land listed in Paragraph 2, respectively.

Reasons

1. Facts of recognition;

A. D and the Defendants shared the said land on September 20, 1976 by completing the registration of ownership transfer with respect to each 1/3 share of 2,050 square meters (hereinafter “land before subdivision”) among the land E in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

B. On December 31, 2014, 1/3 shares on the land before D’s subdivision were transferred to the Plaintiff via F.

C. The land before subdivision was divided into each land listed in the separate sheet on November 9, 2015.

On the other hand, the Plaintiff and the Defendants did not agree on the method of partition of each land listed in the separate sheet.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff, a co-owner of each land listed in the separate sheet, may seek a partition against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

Furthermore, the following circumstances, which are acknowledged by the purport of the entire pleadings as to the method of partition, are as follows: ① the land before subdivision is divided into the land indicated in paragraph (1) of the annexed Table No. 1 and the land indicated in paragraph (2) of the annexed Table No. 2 of the size of the land 1/3 of the area and the land indicated in paragraph (1) of the annexed Table No. 2/3 of the annexed Table No. 1, and ② Defendant B consented with regard to the Plaintiff’s assertion of the spot partition, such as the written in Paragraph (1) of the annexed Table, it is reasonable to divide each land listed in the annexed

Therefore, it is so decided as per Disposition.

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