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(영문) 수원지방법원평택지원 2020.03.27 2019가단2433
공유물분할
Text

1. A ship that connects each point of the attached Table 1, 2, 11, 15, 16, 10, 10, 100 square meters among the 4,529 square meters of Pyeongtaek-si forest land.

Reasons

1. The Plaintiff (Appointed-si in fact; hereinafter “the instant real estate”) and the Appointor G own shares of 529/4529/4529 shares, respectively, and the Defendants held shares of 529/4520 (specificly, Defendant B’s 297/4529, Defendant C’s 100/4529, Defendant D’s 66/4529, Defendant E’s 66/4529, Defendant E’s 666/4529, and 66/4529), together with the designated parties, and the designated parties (hereinafter “Plaintiffs, etc.”). The Defendants did not agree on the instant real estate division.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. Determination

A. According to the above facts, the plaintiff et al. and the defendants who are co-owners did not reach an agreement on the division method of the real estate of this case. Thus, the plaintiff et al. has the right to claim partition of co-owned property against the defendants according to their co-ownership

B. Furthermore, as to the method of partition of the instant real estate, in principle, the partition of co-owned property through a trial shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. In light of the following: (a) the location, pattern, area utilization status of the instant real estate that can be recognized by comprehensively considering the overall purport of the pleadings as a result of the request for measurement and appraisal with respect to I of this Court; (b) the proportion of shares of the Plaintiff and the Defendants as to the instant real estate and the economic value after the division, etc., the portion of 129 square meters in part 529 square meters in line with each of the items of the attached appraisal among the instant real estate is owned by the Plaintiff (Appointed Party); (c) the ownership of the Plaintiff (Appointed Party); and (d) the ownership of 529 square meters in part of the instant real estate connected with each point of 11,12,14,15,111 of the same drawings; and (d) the ownership of G, 16,13 square meters in order;

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