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(영문) 대구지방법원안동지원 2017.11.08 2016가단2390
공유물분할
Text

1.H field 2,621 square meters at permanent residence;

A. Indication 1, 26, 27, 28, 29, 30, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 20, 21.

Reasons

1. The facts of recognition are as follows: (a) comprehensively taking account of the overall purport of the pleading in the evidence Nos. 1 through 3, H 2,621 square meters (hereinafter “instant land”), the Plaintiff owned 1/2 shares; (b) Defendant G owned 1/4 shares; (c) Defendant G’s shares; (d) Defendant B, C, D, E, and F each share of 1/20 shares (the above Defendants inherited the aforementioned Defendants following the death of the network I who owned 1/2 shares); and (c) the Plaintiff and the Defendants did not reach an agreement on the division of each instant land; (d) the Plaintiff, a co-owner of each of the instant land, may file a claim against the Defendants, who are other co-owners, for the division of each of the instant land pursuant to Article 269(1) of the Civil

2. In full view of the overall purport of the pleadings as a result of the appraisal commission by this court on the Korea Land Information Corporation, the land of this case can be acknowledged as having been divided into a road direction embankment. The Defendants did not present any opinion as to the claim for partition of co-owned property of this case. The Plaintiff sought a partition of the attached drawing (the size of the Defendants is larger than that of the Plaintiff) and the land of this case is divided in kind, such as the order, is reasonable.

3. In conclusion, each of the instant lands is reasonable to be divided by the spot-sale method as above. It is so decided as per Disposition.

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