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(영문) 대전지방법원 논산지원 2018.07.16 2016가단3389
공유물분할
Text

1. Of the land size of 1626m2, the annexed Table 1, 15 to 22, and 1, the annexed Table 1, among the land size of 1626m2 in Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Determination as to the cause of claim

A. Of the 11/45 shares in the Plaintiff, Defendant B and C, Defendant D’s shares, 1/3 shares in each of the 1/21 shares, and the remaining Defendants owned each of the 1/21 shares in each of the 1/21 shares, and the fact that the agreement on the division of the instant 1/21 shares is not reached between the Plaintiff and the Defendants, on the grounds that there is no dispute between the parties, the Plaintiff and the Defendants did not have to reach an agreement on the division of the instant 1/21 shares, and thus, the Plaintiff may file a claim against the Defendants for the division of the instant 1/2 land.

B. The partition of co-owned property by judgment is, in principle, the method of partition in kind as long as a reasonable partition can be made according to each co-owner’s share.

As a result of the on-site inspection conducted by the Korea Land Information Corporation, the following circumstances, i.e., (i) the Plaintiff and Defendant B present on the on-site inspection date and connections each point of the attached Table 1, 15, 22, and 1 among the land No. 2 of this case, are owned by the Plaintiff. Of the land No. 2 of this case, the attached Table No. 1,016 square meters and the land No. 1 of this case, connected each point of the attached Table No. 1 through 15, 16 square meters and the land No. 2 of this case, among the land No. 2 of this case, are expressed that the Defendants wish to divide into goods jointly owned by the Defendants. On the other hand, the remaining Defendants did not present any opinion on the on-site inspection method of the instant land No. 1, 2, and were absent, taking into account the fact that the Plaintiff did not lose the value of the land, the land owner and the land No. 2 of this case, even if having presented any excess or excess of the value. 1 through the resolution. 2.

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