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(영문) 대구지방법원김천지원 2016.06.08 2015가단33393
공유물분할
Text

1. Of the 2040 square meters in the Gu-U.S. Ma-si Ma, each point of the indication 1, 2, 3, 12, and 1 of the “extension” among the attached Table 2040 square meters.

Reasons

1. Facts of recognition;

A. The Plaintiff and the network N were co-owned with MM 2040 square meters (hereinafter “instant land”).

B. The deceased on March 2, 1994, and the deceased on March 2, 1994, the heir had the deceased, the husband, and the Defendant F, the father and his father.

The deceased on April 3, 1994, and the heir was the Defendants.

C. The Plaintiffs and the Defendants did not reach an agreement on the method of dividing the instant land.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 12, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiffs, co-owners of the instant land, may file a claim against the Defendants for the partition of the instant land pursuant to Article 269(1) of the Civil Act.

B. In light of the above evidence as well as the circumstances such as the current status of the instant real estate that can be seen by comprehensively considering the overall purport of the pleadings as a result of the appraisal commission with respect to the chief of the Korea Land Information Corporation, it is reasonable to divide the instant land in kind as indicated in the text.

3. According to the conclusion, the land of this case is divided in kind as ordered.

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