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(영문) 창원지방법원마산지원 2016.11.10 2015가단105974
공유물분할
Text

1. Of the area of 571.9 square meters in Changwon-si, Changwon-si C, 571.9 square meters, each of the attached marks 1,2,3,4,5, 18, 17, 16, 15, 14, 13, and 1.

Reasons

1. In full view of the purport of the entire pleadings in the statement No. 1 through 3 as to the claim for partition of co-owned property, it is recognized that the Plaintiff owned 103/173 shares among the Plaintiff, the Defendant owned 70/173 shares among them, and that there was no consultation as to the method of partition of the instant land between the parties by the date of closing argument of the instant case.

According to the above facts, the Plaintiff may claim a partition of co-owned property on the instant land against the Defendants.

2. Method of partition of co-owned property;

A. In the method of partition of co-owned property, if an agreement is reached between the parties, the method may be selected at will, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall divide the land in kind in principle, and there is no lack or lack of evidence on the circumstances that the above forest cannot be divided in kind. Thus, it shall be divided in kind in consideration of the evidence and the purpose and purpose of use of the land of this case recognized by the appraisal result of appraiser D, present situation of the land of this case, the parties

B. If so, it is reasonable to divide the instant land into the Defendant’s ownership of the portion 1 (a) that connects each point of the attached Table 1, 2, 3, 4, 5, 18, 17, 16, 15, 14, 13, 12, 13, 14, 15, 16, 17, 18, 18, and 13, and 231.4 square meters in order to be owned by the Plaintiff, and the part 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 6.

3. According to the conclusion, the land of this case is divided in accordance with the disposition No. 1, and it is so decided as per Disposition.

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