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(영문) 대구지방법원영덕지원 2017.11.07 2017가단10355
공유물분할
Text

1. In the ship which connects each point of 3, 4, 5, 6, 7, 8, and 3 of the annexed drawings among the land size of 136 square meters in Yong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant shared 1/2 of the land of this case at the rate of 1/2, respectively.

B. The Plaintiff and the Defendant did not agree on the method of dividing the land of this case until the date of closing the argument of this case.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings

2. Determination

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

B. Division of the method of partition of co-owned property is in principle divided in kind by the court in the case where the co-owners voluntarily choose the method, but if the co-owned property is divided by the judgment because the agreement is not reached.

(See Supreme Court Decision 93Da27819 delivered on December 7, 1993, etc.). In light of the relationship between the Plaintiff and the Defendant’s failure to reach an agreement on the method of dividing the real estate of this case by the closing date of argument, it is reasonable to divide the part of “1” portion of the land of this case, which connects each point of 3, 4, 5, 6, 7, 8, and 3 of the attached drawing among the land of this case, into the Defendant, and the part of “1, 2, 3, 8, 9, 10, 68 square meters, which connects each point of 68 square meters in sequence of the annexed drawing among the land of this case, into the land of this case, in light of the relationship between the use of the land of this case and the ownership of the land adjacent to the land of this case.

3. In conclusion, the land of this case is divided as indicated in the Disposition, and the costs of lawsuit are assessed against each party. It is so decided as per Disposition.

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