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(영문) 수원지방법원여주지원 2019.07.03 2018가단6206
공유물분할
Text

1. As to the 5,029 square meters of WW forest in Yju-si

(a)each point of Annex 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 in sequence.

Reasons

1. The Plaintiff and the Defendants jointly owned the land of this case 5,029 square meters (hereinafter “instant land”). The Plaintiff and the Defendants did not reach an agreement on the method of partition of co-owned property.

Therefore, the Plaintiff, a co-owner, may claim a partition of the instant land against the Defendants, other co-owners.

[Ground of recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings

2. Method of partition of co-owned property shall be considered as comprehensively taking account of the facts acknowledged under paragraph (1), Gap evidence Nos. 1 and 2, results of entrustment of measurement and appraisal, and the purport

The method of division stipulated in Paragraph 1 of this Article presented by the Plaintiff does not have any objection by the Defendants. Among the entire area of the land of this case, the area or shares of each corresponding part divided to the Plaintiff and the Defendants are deemed appropriate in light of each share of the Plaintiff and the Defendants.

In addition, comprehensively taking account of all the circumstances revealed in the arguments in the instant case, such as the location, utilization status, and attitude of the parties, the part of “B” in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 pertaining to the land of this case, is owned by the Plaintiff, and the part of “B” in the attached Form No. 826 square meters, other than the part of “B” as indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 are divided

3. In conclusion, the land of this case is divided as above and it is so decided as per Disposition.

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