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(영문) 대구지방법원김천지원 2017.10.19 2016가단33635
공유물분할
Text

1. Attached appraisal marks 14, 2 through 11, 15, and 14 shall be given in sequence with regard to D forest land 4,509 square meters in Gu-si, Gu-si.

Reasons

1. According to the overall purport of the statement and pleading evidence Nos. 1 through 6 as to the claim for partition of co-owned property, the Plaintiff acquired 1/3 shares of 4,509 square meters of the land of this case (hereinafter “instant land”) at the auction in the Gu-U.S., and each fact that Defendant B owned 1/3 shares of the instant land, and Defendant C owned 1/3 shares of the instant land. Thus, the Plaintiff, a co-owner of the instant land, may file a claim for partition of the instant land with the Defendants, other co-owners pursuant to Article 269(1) of the Civil Act

2. According to the method of partition of co-owned property, and the purport of the entire pleadings, the Plaintiff: (a) auctioned the instant land at the time of filing the lawsuit, and sought partition of co-owned property by dividing the price thereof; (b) the Plaintiff and all of the Defendants, upon holding the pleadings, wanting to be divided into money in kind by setting boundaries as in the attached Form No. 14, 2, 11, 15, and 14; (c) therefore, the attached appraisal shall also be divided into the Plaintiff’s co-ownership of a portion of 1,503 square meters in proportion to the 1,503 square meters inboard, which connects each point of the 1,14, 15, 12, 13, and 14 in sequence with the same map No. 1,14, 15, 12, and 13.

3. In conclusion, the land of this case is divided by the above methods and is decided as per Disposition.

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