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(영문) 대구지방법원영덕지원 2017.10.17 2016가단4049
공유물분할
Text

1. A ship which connects each point of the attached Form 1, 2, 3, 14, and 1 with respect to the area of 1,313 square meters in the 1,313 square meters in order of the attached Form.

Reasons

1. Facts of recognition;

A. The Plaintiff, U, and U.S. share 1,313 square meters (hereinafter “instant land”) in proportion to Plaintiff 745/1,593, U 104/1,593, and Defendant B 744/1,593, respectively.

B. U due to his death, the Defendant C, D, E, F, G, H, K, K, L (pre-name M), N,O, P, Q (pre-name V), R, and S inherited or inherited U according to the ratio of shares in the attached inheritance share list.

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

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the land of this case, may file a claim for partition of the land of this case with the Defendants, another co-owner, pursuant to Article 269(1) of the Civil Act.

B. Division of the method of partition of co-owned property can be decided at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach agreement, the court shall divide it in kind in principle. If the co-owned property is divided in kind, the remaining co-owners who do not want the partition shall also be permitted to leave as co-ownership.

(See Supreme Court Decision 93Da27819 delivered on December 7, 1993, etc.). In light of the relationship between the Plaintiff and the Defendants, which did not reach an agreement on the method of dividing the instant real estate by the closing date of argument, and the relationship between the use of the instant land, which could have been known by comprehensively considering the overall purport of the pleadings, and the ownership relationship of the land adjacent to the instant land, etc., part (i) of the ship connecting each point of 1, 2, 3, 14, and 1 of the attached drawings = 86§³ of U shares 104/1,593 x 1,313 x 1,593 x 1,313 m2.

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