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(영문) 창원지방법원마산지원 2015.09.17 2015가단2860
재산권분할확인
Text

1. Of the 54,248 square meters of forests and fields D in Changwon-si, Changwon-si, Msan-si, the part indicated in Annex 1 (A) and 21,69.2 square meters of land shall be owned by the defendant.

Reasons

In the absence of dispute, according to the evidence evidence No. 6, the plaintiff A, the defendant, and the plaintiff B are co-owners of the share of 2/5 and the share of 1/5. The plaintiff and the defendants co-ownership of the real estate of this case and consultation between the parties on the method of dividing the real estate of this case was not constituted. Thus, the plaintiffs have the right to claim a partition of co-owned property against the defendant by their co-ownership.

Considering the share ratio of the plaintiffs and the defendant as to the real estate in this case, the relationship between the plaintiffs and the defendant, the current status of the real estate in this case, the size of the partition, and the ownership relationship of each real estate after the partition, which are recognized by comprehensively taking account of the above evidence, it is reasonable to divide the real estate in kind

The real estate of this case shall be divided in kind as prescribed in Paragraph (1) of this Article, and the litigation cost shall be borne individually in consideration of the nature and progress of the lawsuit of this case.

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