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(영문) 서울동부지방법원 2016.01.27 2014가단58819
공유물분할
Text

1. Of the paddy field 2,29 square meters in Namyang-si, D 11, 12, 13, 14, 15, 30, 31, 32, 33, 34, 35, 23, 24, 25, 26, 27, 28, 28, and 11, 14, 15, 30,000 square meters in attached Form 1.

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant are co-owners of the 617/2,381 shares among the land of this case, and the plaintiff Eul owns the 617/2,381 shares among the land of this case, the 549/2,381 shares among the land of this case, and the 1,215/2,381 shares among the land of this case, and the 1,215/2,381 shares among the land of this case.

B. Plaintiff B owns the land of this case, which is adjacent to the line that connects each point of the separate sheet Nos. 14, 15, and 16 in sequence, and Plaintiff B owns the land of this case 638 square meters, and Plaintiff A owns the f. 687 square meters adjacent to the land of this case, Namyang-si, Namyang-si, which is adjacent to the land of this case. Plaintiff B uses part of the land of this case with the consent of the Defendant, which is adjacent to the line that connects each point of the above map Nos. 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, and 11.

C. Although the Plaintiffs want to divide the instant land, they did not reach an agreement between the Plaintiffs and the Defendant on the method of dividing the instant land until the date of closing the argument in the instant case.

【Ground of recognition】 The fact that there has been no dispute, Gap’s No. 1, 2, 5 through 7, 9, 10, Gap’s No. 8-1, 2, and Eul’s No. 1, and the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts acknowledged as above, the Plaintiffs, co-owners of the land of this case, may file a claim against the Defendant for partition of the land of this case pursuant to Article 269(1) of the Civil Act.

B. (i) Division of an article jointly owned may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is divided in kind, the value of the article can be reduced remarkably, the auction of the article can be ordered. Thus, barring the above circumstances.

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