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(영문) 청주지방법원 2020.09.10 2019가단27345
공유물분할
Text

1. Of the area of 823 square meters, the number of points indicated in the attached Form No. 1, 2, 3, 4, 10, 11, and 1, among the area of 1, 2, 3, 4, 10, 11, and 1

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants jointly share the same area of 823 square meters prior to Cheongyeong-gun, Chungcheongnam-do, Chungcheongbuk-do (hereinafter “instant land”). The Plaintiff has one-half share, and the Defendants own one-fourth share.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment as to the claim for partition of co-owned property

A. According to the facts acknowledged above, the Plaintiff may claim the partition of the instant land, which is jointly owned by another co-owner, pursuant to Articles 268(1) and 269(1) of the Civil Act, against the Defendants, who are co-owners.

B. Comprehensively taking account of the statement No. 1, Eul evidence No. 2, Eul evidence No. 2, and the purport of the entire pleadings as a result of the appraiser F’s survey and appraisal, the land of this case was owned, managed, and preserved after installing a grave in part of the land of the non-party clan. The Plaintiff purchased the land through the auction on July 28, 2015, and several graves were installed in the part of the land of this case (B) connected in order to each point of 4,5, 6, 7, 8, 9, 10, and 4 among the land of this case.

In light of such circumstances and the location, shape, area, and current status of use of the instant land, it is reasonable to divide the portion (A) part (a) of the instant land, among the instant land, into the Plaintiff’s ownership of 4,5, 6, 7, 8, 9, 10, and 4 of the attached Form Nos. 1, 2, 3, 4, 10, 10,000 square meters of the attached Form Nos. 4, 5, 6, 7, 8, 9, 10, and 4 of the attached Form No. 412 square meters, which are connected in order to each

3. If so, it is so decided as per Disposition by dividing the instant land between the Plaintiff and the Defendants as above.

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