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(영문) 수원지방법원평택지원 2020.11.10 2020가단549
공유물분할
Text

In the order of the appraisal map No. 8, 9, 3, and 8 out of the 67 square meters of Pyeongtaek-si B road, "A" is referred to as "A" which connects each point.

Reasons

1. Judgment on the claim for partition of co-owned property

A. According to the purport of evidence No. 1-1 and the entire pleadings as to the claim for partition of co-owned property, the Plaintiff acquired 5/6 shares among the real estate listed in the Disposition No. 1 (hereinafter “instant land”) on November 29, 2017. The Defendants are the inheritors of net C (hereinafter “the deceased”) who owned 1/6 shares out of the instant land, and the fact that no agreement was reached between the Plaintiff and the Defendants on the method of partition of the instant land by the closing date of pleadings is acknowledged.

According to the above facts, the Plaintiff, a co-owner of the land of this case, may claim a partition of the land of this case against the Defendants, another co-owner.

B. Furthermore, in light of the method of partition of co-owned property, the following circumstances acknowledged by the commission of appraisal of cadastral surveying and the purport of the entire pleadings on the president of the Pyeongtaek Housing Site in this court, namely, the timing and details of acquiring each share of the instant land by the Plaintiff and the Deceased, the present status and utilization relationship of the instant land, and the form and value of each part of the instant land acquired by the Plaintiff and the Defendants through division, etc., the portion 56 square meters of the “1” portion out of the instant land, which was successively connected with each of the items of indicated 8, 9, 3, and 8, shall be divided into the Plaintiff’s ownership, and the same appraisal is also 11 square meters of the portion of “2” portion, which was successively connected with each of the items of indicated 1,2

2. The conclusion is that the land of this case is divided in kind as above, and it is so decided as per Disposition.

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