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(영문) 수원지방법원 2017.06.22 2016가단525561
공유물분할
Text

1. The landmark indicating 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 50, 49, 47, 14, 15, 16, 17, 17, 17, 17, 17, 20, 37, 370 square meters prior to the C in Sung-si.

Reasons

1. Facts of recognition;

A. As to the land of this case, the Plaintiff shares 1084/1134 shares and the Defendant shares 50/1134 shares in the proportion of 10/1134.

B. Of the instant land, three graves for Defendant on the ground of the area of “B” part 165 square meters connected in sequence to each point of the attached drawings Nos. 47, 48, 49, 50, 13, and 47, among the instant land.

C. The Plaintiff and the Defendant did not reach an agreement on subdivision regarding the instant land, and there is no agreement on subdivision prohibition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, part of the co-owners of the instant land, may file a claim against the Defendant, who is another co-owner, for the partition of the instant land pursuant to Article 268(1) of the Civil Act.

B. Regarding the method of partition, the partition of co-owned property is divided in kind. In full view of the purport of the argument as a result of the commission of measurement and appraisal to the vice governor of the Korea Land Information Corporation, the following facts are as follows: on the ground of 165 square meters in part, “2” of the attached drawing, three graves are installed on the ground; on the part of 165 square meters in the ship; on the Defendant’s access, it is impossible to resolve the partition of the land in addition to the instant land in addition to the instant land; on the other land, it is 1,2,3, 4, 4, 6, 7, 9, 10, 12, 50, 48, 47, 15, 16, 17, 34, 46, 34, 47, 47, 14, 15, 17, 18, 20, 2321, 25, 263.

3. Conclusion, the land of this case is ordered.

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