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(영문) 대전지방법원 홍성지원 2021.02.05 2020가단1813
공유물분할
Text

Attached Form

A ship that connects each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the list.

Reasons

1. The Plaintiff and the Defendant are co-owners possessing 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant land”).

[Reasons for Recognition] Judgment by Publication Service (Civil Litigation Act No. 208 Paragraph 3 Item 3)

2. Determination

A. The fact that there was no agreement between the Plaintiff and the Defendant on the partition of the pertinent land that was jointly owned with respect to the establishment of the right to claim partition of the jointly owned property is recognized by the purport of the entire pleadings. As such, the Plaintiff may file a claim against the Defendant for partition of the instant land pursuant to Article 269(1) of the Civil Act.

B. Division of common property based on the judgment on the method of partition of common property is in principle by the method of in-kind division. Thus, in light of all the circumstances, such as the result of the appraisal commission to the Korea Land Information Corporation, the shape, location, and use of the instant land recognized by the overall purport of the legal theory, and the circumstance leading up to the sharing of the instant land among the instant land, it is reasonable to divide the instant real property into the Defendant’s co-ownership of the portion 1, 4, 5, 6, 7, 8, and 496 square meters in proportion to the portion 1, 4, 5, 6, 8, and 1 of the attached drawing among the instant land.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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