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(영문) 울산지방법원 2020.09.11 2020가단345
공유물분할
Text

1. Before Ulsan-gun C, Ulsan-gun, 512 square meters,

(a)board connecting each point in order of No. 2, 3, 10, 9, and 2 of the Appendix 1.

Reasons

1. Basic facts

A. Of the Before the text of paragraph 1, the Plaintiff shares 4630/10580 shares and the Defendant shares 5950/10580 shares, respectively.

B. During the D period set forth in Paragraph 2, the Plaintiff shares 91/149, and the Defendant shares 58/149, respectively.

C. Housing No. 1-A

A) Part (A) 226 square meters and Order 2

(B) Part 320 square meters in part (B) in the port (attached Form No. 1) and above ground (attached Form No. 2). The housing owned by the defendant couple is subject to paragraph 1(b).

(C) Part 286 square meters and order 2-b of this paragraph.

The part of the port(D) is 272 square meters (the part of 1) and is constructed on the ground. D.

In July 2017, the Plaintiff and the Defendant agreed to divide each land in accordance with the occupancy status of each land as stated in the Disposition Nos. 1 and 2, but as such, the excess or excess of the shares were not settled as seen thereafter, the final agreement on the method of partition of each land has not been reached up to now.

[Ground of recognition] Facts without dispute, entry of Gap1 to 6 evidence, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts of the above recognition of the claim for partition of the co-owned property, the plaintiff, who is a co-owner of each land listed in the Disposition Nos. 1 and 2 of this Decree, may file a claim for partition of each land, which

B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. In the case of partitioning land, in principle, the area of the land acquired by each co-owner shall be equal to the ratio of the co-owned share. However, it is not necessarily necessary to divide it only in such a way, but economic value shall be economic, taking into account all the circumstances, such as the shape, location, situation of use

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