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(영문) 수원지방법원성남지원 2020.12.16 2019가단209818
공유물분할
Text

Attached Form

The land listed in the list 1, 2, and 3 shall be put to an auction and the proceeds of the auction shall be deducted from the auction.

Reasons

1. Each land listed in the separate sheet 1, 2, and 3 (hereinafter “instant 1, 2, and 3”) shall be registered as Defendant I’s ownership. Based on gift and inheritance, etc., the instant land is currently owned by the Plaintiff and the Defendants listed in the separate sheet 1, each of the shares listed in the separate sheet 2, the Plaintiff and the Defendants listed in the separate sheet 2, each of the shares listed in the separate sheet 2, and the land listed in the separate sheet 3, each of the shares listed in the separate sheet 3, respectively.

[Ground of recognition] Each entry of Gap evidence 1 to 3, Eul evidence 2-1 to 4, and the purport of the whole pleadings

2. The parties' assertion

A. Pursuant to the principle of in-kind division of the Plaintiff’s assertion, the Plaintiff wishes to divide the co-owned properties in the same form as the following table in accordance with the principle of in-kind division.

The plaintiffs listed in the separate sheet No. 1 in the annexed Form No. 1 in the annexed Form No. 1 in the annexed Form No. 1 of this case as to the method of dividing the common properties of the land subject to partition are jointly owned by the plaintiffs listed in the annexed Form No. 1 in the annexed Form No. 1 in the annexed Form No. 1 for each share listed in the annexed Form No. 1 for each share listed in the annexed Form No. 1 for each share listed in the annexed Form No. 2 in the annexed Form No. 2 for each share listed in the annexed Form No. 2 for each share listed in the annexed Form No. 2 for each share listed in the annexed Form No. 2 for each share listed in the annexed Form No. 3 for each share listed in the annexed Form No. 3 for each share listed in the annexed Form No. 3 for each share

B. Defendant G and I’s assertion 1) The land of this case 1, 2, and 3 is not owned by the Plaintiffs and the Defendants according to their respective shares in the list of annexed Tables 1, 2, and 3, but for the time of the establishment of the net AF, and is title trust with the members of a clan. Thus, partition of co-owned property is not allowed. 2)

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