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(영문) 대구지방법원김천지원 2017.09.13 2016가단7933
공유물분할
Text

1. A ship that connects each point of the attached Form No. 1,8,9,10,11,12, and 1, among the land areas of 1,035 square meters in Gu, Si, Gu, Si, si, in sequence.

Reasons

1. Facts of recognition;

A. The land of this case (hereinafter “instant land”) in the name of the Plaintiffs and the Defendants, as indicated in the column for “public land portion” in Articles 1 and 2 of the [Attachment 1] List of “public land portion” in the Gu, Si, Gu, Si, si, and Gu.

B. As of the closing date of the instant argument, there was no agreement between the Plaintiffs and the Defendants on whether to divide the instant land and the method of dividing it.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since an agreement was not reached between the Plaintiffs and the Defendants who jointly own the instant land, the Plaintiffs may file a claim with the court for the partition of the instant land pursuant to Articles 268 and 269 of the Civil Act.

B. The method of partition of co-owned property: (a) Nos. 1 and 2-2; (b) circumstances such as the entrustment of appraisal to the head of the Daegu-Gyeongbuk District Headquarters of the Korea National Land Information Corporation; and (c) circumstances such as the real estate of this case, which can be known by comprehensively considering the overall purport of the pleadings as a result of the fact inquiry into the old and American market by this court; and (d) in particular, the land of this case is not farmland, the partition of which is limited under the Farmland Act; and

3. According to the conclusion, the plaintiffs' claims against the defendants are accepted in its reasoning, and it is so decided as per Disposition.

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