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(영문) 수원지방법원 평택지원 2018.11.23 2018가단57245
공유물분할
Text

1. As to the land indicated in the separate sheet between the Plaintiff and the Defendant:

A. The land indicated 1, 2 in the same list is the Plaintiff.

Reasons

1. Facts of recognition;

A. Land listed in the separate sheet shall be co-owned by the Plaintiff, 11/15 of which the Plaintiff owns approximately 73% of which and about 4/15 of which the Defendant owns approximately 27% of which are co-owned land.

B. Although the Plaintiff intended to consult with the Defendant on the partition of co-owned property as to the land indicated in the separate sheet with the Defendant, it did not reach an agreement with the Defendant. Accordingly, the Plaintiff filed a lawsuit on the partition of co-owned property in this case with the purport that the land indicated in the separate sheet was owned by the Plaintiff, and the land indicated in the same list 3 and 4 was owned by the

C. Meanwhile, according to the division plan as claimed by the Plaintiff, among the entire land listed in the separate sheet, the size equivalent to approximately KRW 70% of the Plaintiff among the entire land listed in the separate sheet, the Defendant alone owns approximately KRW 30%, and the ratio of the amount equivalent to the standard market price of each land owned by the Plaintiff is about KRW 61%, and the Defendant acquires approximately KRW 39%.

【Ground for Recognition: Facts that there is no dispute between the parties, or is not clearly disputed, and the purport of the whole entries and arguments in Gap evidence 1 through 3】

2. According to the above facts of recognition, the land in the separate sheet is divided in accordance with the principle of spot partition as to co-owned property partition, but it is unfavorable for the plaintiff himself in terms of the size, standard market price, the demand for a partition in favor of the defendant, and the contents of the division are individually acquired by each lot which has already been separated from cadastral matters. Thus, it is reasonable to divide the land in the separate sheet as requested by the plaintiff into the plaintiff, the land in the separate sheet 1, 2, and 3, 4, as the land in the same list, as the land in the separate sheet is owned by the plaintiff, and the

3. According to the conclusion, the plaintiff's claim of this case was received, and the litigation costs are determined to be borne individually in consideration of the characteristics of the lawsuit claiming partition of co-owned property. It is so decided as per Disposition.

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