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(영문) 서울중앙지방법원 2016.11.30 2016가단5226281
공유물분할
Text

1. The Seoul Jongno-gu E-gi is jointly owned by the plaintiffs with a part of 44 square meters in the “bbb” indicated in the attached drawing among them.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the owners of Jongno-gu Seoul Metropolitan Government Ground Buildings (hereinafter “Plaintiffs”).

B. In order to secure an access 44 square meters to the Plaintiffs’ access road, the Plaintiffs purchased shares equivalent to a total of 44 square meters in Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “instant land”) and 542 square meters adjacent to the relevant site, respectively, from the Defendants on September 13, 2016 and October 10, 2016. Accordingly, the Plaintiffs owned shares in each of 22/542 and the Defendants owned shares in each of 249/542.

C. The Plaintiffs and the Defendants did not reach an agreement on the method of dividing the instant land, which is public property, until the closing date of the instant argument.

[Grounds for recognition] Each entry or video of Gap evidence Nos. 1, 3, 4, 5, and 6, and the purport of the whole pleadings.

2. Determination and conclusion

A. According to the facts acknowledged above, the Plaintiffs, co-owners, may file a claim for partition of the instant land against the Defendants, other co-owners, pursuant to Articles 268 and 269 of the Civil Act.

B. In the method of partition of co-owned property, if an agreement is reached between the parties, the method may be selected at will, but if the co-owned property is divided by a trial due to a failure to reach agreement, the court shall divide it in kind in principle. In full view of the health bond and the purport of the entire pleadings in the statement in the statement in the evidence No. 1, the part adjacent to the plaintiffs' building site among the land of this case, such as the annexed drawing indication, is divided into a road with a large of 4m wide size into a road form with a large of 4m wide, and 44m wide ("B" in the annexed drawing indication), and the remaining 498m wide ("A" in the annexed drawing indication") is owned by the plaintiffs and the defendants, and it is determined that each 1/2 share is owned by the plaintiffs and

Therefore, it is decided that it is divided in accordance with Paragraph 1 of this Article.

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