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(영문) 수원지방법원여주지원 2019.10.08 2018가단6886
공유물분할
Text

1. Onboard (B) which connects each point of the attached Form 3, 4, 5, 8, and 3 among the area of 143 square meters per Gyeonggi-gun D in sequence.

Reasons

Basic facts are as to the land of this case (hereinafter referred to as “the land of this case”) 143 square meters (hereinafter referred to as “Ei”) prior to D, Gyeonggi-do Ei (hereinafter referred to as “the administrative district of this case”), the Plaintiff (designated parties) and the designated parties (hereinafter referred to as “Plaintiffs”) share 35/286 shares, the Defendant shares 216/286 shares, and the Defendant did not reach an agreement on the method of partition of the land of this case between the Plaintiffs and the Defendant by the closing date of the argument of this case, and there is no agreement on the prohibition of partition of the land of this case. The fact that the Defendant installed the iron gate (hereinafter referred to as “the instant Seodaemun”) on the line connected with each point of Annex 1, Annex 4, subparagraph 2, and subparagraph 16, each of the video evidence of this case, the result of verification and pleading by each court is acknowledged in accordance with the purport of the entire pleadings as a whole.

According to the above facts established as to the claim for partition of co-owned property, the Plaintiffs, co-owners of the land of this case, may file a partition claim against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.

The plaintiffs asserted by the parties to the method of partition of co-owned property owned F or G land immediately attached to the land of this case, and the construction of a new building is proceeding on the above adjoining land.

In order to facilitate access to the above-mentioned adjacent land in the future, the part (B) part (B) of the attached Form 1, which is the part adjacent to the above-mentioned adjacent land, among the land in this case, is jointly owned by the plaintiffs, and the remaining part shall be divided into the part (B) which is the part adjacent to the above-mentioned adjacent land.

In accordance with the plaintiffs' assertion, it is inevitable to change the location of the gate of this case to the upper part of the land of this case, and it is impossible to change the slope of the above land too seriously.

Rather, [Attachment 2.] of the instant land.

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