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(영문) 서울중앙지방법원 2018.09.11 2017가단25862
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet No. 1 which is put to an auction and the auction cost is deducted from the price;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants share each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) at the share of co-ownership indicated in the same list, and each of the instant real estate is a narrow and long way as seen in the separate sheet No. 2.

B. The Plaintiff owns a part of the shares of the Gangwon-do Crossing-gun P, Q, and R (hereinafter referred to as "land belongs to the same Ri, and it is indicated only as a parcel number) as the neighboring land of each of the instant real estate. In light of the order below in the upper part of the cadastral map of the attached Form 2, Defendant D owns part of the shares of P, Q, and R, together with the Plaintiff, Defendant F, and Defendant G, Defendant Hyundai Indones farming association, Defendant H, Defendant H, and Defendant I owned part of the shares of the instant land; Defendant J’s part of the shares of U land; Defendant J’s part of the shares; Defendant J’s land; Defendant C’s land; Defendant C’s land; Defendant K, Defendant K, Defendant LA, AA, and AB’s respective shares of each of the instant land; and Defendant NC’s ownership of each of the instant land divided into a P, Q, and AD land (after AD land, etc.); and

(S) Defendant E and Defendant M do not seem to have owned land adjacent to each real estate of this case).

The Plaintiff and the Defendants did not reach an agreement on the method of division of each of the instant real estate until the date of closing the argument in this case.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 16 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged as above, the Plaintiff, as co-owners of each of the instant real estate, has the right to claim the partition of each of the instant real estate against the Defendants, who are other co-owners.

(Article 269 of the Civil Act). (b)

In principle, partition of co-owned property according to one trial on the method of partition shall be made according to the method of in-kind division as long as it is possible to make a reasonable partition according to the share of each co-owner, but it shall be impossible or in form.

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