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(영문) 대구지방법원김천지원 2017.08.30 2016가단2624
공유물분할
Text

1. The section "b" in the ship which connects each point of the attached Form Nos. 45 to 65, and 45 among the area of 5,643 square meters in Gu, Si, Gu, Si, and Gu.

Reasons

1. Facts of recognition;

A. The land of this case (hereinafter “instant land”) is registered in the name of the Plaintiff and the Defendants, as indicated in the “public land portion” column in the attached Table of “public land portion” as shown in the Gu-U.S. Si, Gu-si, and Gu-si.

B. Until the date of the closing of argument in the instant case, there was no agreement between the Plaintiff and the Defendants on the division of the instant land and the method of division.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since an agreement was not reached between the Plaintiff and the Defendants who jointly own the instant land, the Plaintiff may file a claim with the court for partition of the instant land pursuant to Articles 268 and 269 of the Civil Act.

Therefore, the plaintiff's assertion is justified.

B. Defendant F asserted that since the status of the land in this case, among the land in this case, the land in this case is a road with the size of 114 square meters connected with each point of the attached drawing Nos. 45, 65, 64, 63, 62, 26, 27, 28, 29, 20, 30, 31, 32, 33, and 45, the land portion in this case constitutes a case where it is impossible or inappropriate to divide the land in kind. However, the above Defendant’s assertion cannot be accepted on the ground that the current status of the land portion in this case is a road.

C. The method of partition of co-owned property: (a) the witness evidence No. 6-1 to 5; (b) the testimony by the witness J; and (c) the present situation of the real estate of this case, which can be known by comprehensively taking account of the overall purport of the pleadings as a result of the appraisal commission with respect to the chief of the headquarters in the Daegu-Gyeongbuk District Headquarters in the Republic of Korea National Land Information Corporation; (d) the ownership of their houses on the land of this case; and (e) the owner of the land of this case; and (e) the owner of the land of this case; and (e) the owner of the land of this case, 45, 65, 64, 63, 62, 26, 27, 28, 29, 30, 31, 32, 33, and 45 successively connecting each of the items of the attached drawing No. 114 square meters among the land of

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