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(영문) 대구지방법원포항지원 2016.11.22 2015가단6522
공유물분할
Text

1. On board the ship (A) which connects 625 square meters to the Nam-gu O 625 square meters in order of 2,3,4,5,6,12,11, and 2 of the attached appraisal map.

Reasons

1. Facts of recognition;

A. The Plaintiff and the net P share 1/2 shares shares of 625 square meters in Nam-gu O-gu, Nam-gu (hereinafter “instant land”).

B. The net P died on January 20, 1975, and Q, R, Defendant D, E, and F, his wife, jointly succeeded to Q, D, E, and F.

After that, Q died on April 13, 1995, and on January 25, 201, S, his wife, died, and jointly succeeded by Defendant G, H, I, J, and K, their children. R died on September 16, 1986, and T, its wife, died on October 16, 2001, and jointly succeeded by Defendant L, M, and N, their children.

C. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land until the closing date of the instant argument.

[Reasons for Recognition] Defendant C: Each entry in Gap evidence Nos. 1 through 4, the whole purport of the pleading, and the remainder of the defendants: deemed as confession

2. Determination

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land of this case against the Defendants based on his co-ownership.

B. Division of an article jointly owned by the method of partition may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. In full view of the intent of the parties, the location, area, form, and division of the land of this case, and the shape and value of the land owned by the Plaintiff and the Defendants, it is reasonable to divide it in kind as prescribed in the Disposition 1.

3. Therefore, in order to resolve the co-ownership relationship between the Plaintiff and the Defendants, the instant land is divided as indicated in the Disposition. The costs of litigation shall be borne individually by the Plaintiff and the Defendants, taking into account all the circumstances such as the process of sharing the instant land, the filing of the instant lawsuit, and the progress of consultation on

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