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(영문) 대전지방법원 홍성지원 2018.08.07 2017가단3642
공유물분할
Text

1. On board a ship which connects each point of the attached Form No. 25, 9, 26, 27, 25 square meters among the 8,132 square meters of land AH forest in Chungcheongnam-gun, Hongsung-gun.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties and the Defendants shared 8,132 square meters of land AH forests and fields in Chungcheongnam-gun Hong-gun (hereinafter “instant land”).

B. There was no agreement among the Plaintiff, Appointed and Defendants on the prohibition of partition of co-owned property as to the land of this case, and there was no agreement on the method of partition.

[Grounds] Defendant C: Confession (Article 150(1) of the Civil Procedure Act). The remainder of the Defendants: Confession (main sentence of Article 150(3) of the Civil Procedure Act and Article 150(1))

2. Determination

A. According to the above acknowledged facts, the plaintiff and the Claimant, as co-owners of the land of this case, may file a partition claim against the defendants who are other co-owners pursuant to the main sentence of Article 268(1) of the Civil Act, and as such, an agreement as to the method of partition was not reached, they may file a co-owned property partition claim with the court pursuant to Article 269(

B. In full view of the current state and form of the land of this case, the reasons why the Plaintiff and the Defendants acquired the shares of the land of this case, and the opinions on the division method of the Plaintiff and the designated parties and the Defendants, it is reasonable to divide the land of this case in kind as per Disposition 1.

3. If so, the method of partition of co-owned property as to the land of this case is determined as above. It is so decided as per Disposition.

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