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(영문) 청주지방법원 제천지원 2018.11.14 2017가단21998
공유물분할
Text

1. As to the real estate listed in Attachment 1 List 1, each point of Attached 2 List 1 to 48, 104 to 154, and 1.

Reasons

1. Each real estate listed in [Attachment 1] List 1 and 2 is owned by the Plaintiff 3/39 shares, each of 2/39 shares, Defendant B, C, D, E, and F, Defendant G, and H, respectively.

The real estate listed in the Schedule 3, 4, 5, 6, and 7 are owned by the Plaintiff 2/13 shares, each of which is owned by the Defendant B, C, D, E, and F.

[Reasons for Recognition] Defendant G, H: Defendant B, C, D, E, and F: Confession (Article 150 of the Civil Procedure Act)

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of each real estate listed in the separate sheet No. 1, may file a claim for partition against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

B. In light of the methods of partition of co-owned property as indicated in Gap evidence Nos. 1 through 4 (including each number), the result of appraisal commission to the head of the Chungcheong District Headquarters of the Chungcheong District Headquarters of the Korea National Land Information Corporation and the purport of the entire pleadings, and the nature, location, size, use situation, use value, etc. of each real estate listed in the separate sheet No. 1, which can be known in full, appears to be the most equitable and reasonable method of partition as follows.

1) As to the real estate listed in paragraph (1) of the attached Table 1 list, as to the real estate listed in paragraph (1) of the attached Table 2 list, the part 5,634 square meters in the ship connecting each point of the attached Table 2 list 1 to 48, 104 through 154, 154, and 155 shall be owned by Defendant G and H, each of 1/2 shares, and the part 2,816 square meters in the ship connecting each point of the attached Table 2 list 48 through 104, 48, and the part 2,816 square meters in the ship shall be placed at an auction and the remaining money after deducting the auction costs from the proceeds of the sale shall be divided into the portion 2,816 square meters in the attached Table 2 list 1 to the Plaintiff, Defendant B, C, E, and F, each of the corresponding shares listed in the attached Table 3 list 2 list 1 to be distributed. 2)

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