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(영문) 대전지방법원서산지원 2020.01.22 2019가단595
공유물분할
Text

1.(a)

A ship that connects each point of the attached Table 1, 2, 3, 4, and 1 among the 1041m2 in Sin Jin-si I.

Reasons

1. The following facts can be acknowledged in full view of the evidence evidence Nos. 1 to 3, the results of the on-site verification by this court, and the purport of the entire pleadings as to the fact of the appraisal by the Director of the Korea Land Information Corporation.

The instant land is owned by the Plaintiff and the Defendants, and each of the co-ownership shares is as follows.

Defendant B, D, H 5/105 Defendant C 20/105 Defendant E, F, and G 14/105 Plaintiff 28/105 Plaintiff 28/105 of H, respectively, Defendant C 20/105 Defendant E, F, and G 14/105 Plaintiff 20/105 Defendant E, F, and G 14/105 Plaintiff 33/105, respectively, and Defendant B, D, and H 5/105 Defendant C 20/105 Defendant E, F, and G 14/105 Plaintiff 28/105 Plaintiff respectively.

B. At present, I land is discussed, J land is used as a road, and K land has a house owned by the Defendants on the land.

C. The remaining Defendants except Defendant H inherited the instant land on December 18, 1989 and owned it until now.

2. Division of the method of partition of co-owned property may be selected at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial due to the failure to reach agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind, the court may order the auction of the goods and make a payment in installments only when the value might be reduced remarkably.

As to the instant case, since the instant land can be divided in kind, it is reasonable to divide the instant land in kind, and furthermore, in full view of the current status of the instant land and the relationship between the parties, it is reasonable to divide the instant land by the method of devolving it to the Plaintiff and the Defendants.

3. In conclusion, it is decided as per Disposition by dividing the land of this case as ordered.

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