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(영문) 수원지방법원여주지원 2016.05.18 2015가단21402
공유물분할
Text

1. With respect to the 2089m20,000 m20,000 m2:

A. Each point is indicated in the Appendix 1, 2, 3, 32, 29, 30, 31, and 1 in sequence.

Reasons

1. Basic facts

A. The N prior 2089 square meters (hereinafter “instant land”) are owned by the Plaintiffs and the Defendants, respectively, by shares in Plaintiff A 562/2089, Plaintiff B 331/2089, Plaintiff C 198/2089, Plaintiff D331/2089, Defendant E73/2089, Defendant F 148/2089, Defendant G66/2089, Defendant H 333/2089, Defendant J 666/2089, Defendant J 666/2089, Defendant J 66/2089, Defendant J 66/2089, Defendant L9/2089, Defendant L6/2089, and Defendant MM 50/2089.

B. On March 29, 2016, the Plaintiffs and Defendant F agreed to divide the instant land as stated in the instant claim on March 29, 2016, and the Plaintiffs jointly and severally agreed to pay KRW 1,380,00 to Defendant F. The Plaintiffs paid the said money to Defendant F on the same day.

C. The remaining Defendants except Defendant E and F were served with the instant complaint and did not appear on the date of pleading, and did not submit any written reply. Defendant E was served with the instant complaint by public notice.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiffs, part of the co-owners of the instant land, may file a claim against the Defendants, who are other co-owners, for the partition of the instant land pursuant to Article 268(1) of the Civil Act.

B. In light of all circumstances such as the location, form, area, utilization status, surrounding environment, co-ownership relation between the Plaintiffs and the Defendants, and the Defendants’ attitude, it is reasonable to divide the land of this case into the land of this case as stated in paragraph (1) of this Article with regard to the Plaintiffs and the Defendants.

3. It is so decided to divide the land of this case as stated in the Disposition No. 1.

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