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(영문) 대구지방법원 2015.08.11 2014가단41145
상속재산분할
Text

1. A ship which connects each point of 1,316 square meters in order with Lone thousand and 1,14 through 17, and one of the attached appraisal maps in the following order:

Reasons

1. Facts recognized;

A. Each real estate of this case is jointly owned by the Plaintiff and the Defendants as the shares entered in each real estate register of this case.

B. However, there was no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of each real estate of this case, may file a judicial claim against the Defendants in accordance with Article 269(1) of the Civil Act.

B. Furthermore, considering the current status, etc. of each real estate of this case, which can be known by comprehensively taking into account the health account of the method of division and the overall purport of pleadings as a result of each appraisal by the court, it is deemed appropriate to divide the method in kind

3. According to the conclusion, each of the instant real estate is to be divided in kind as above.

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