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(영문) 대구지방법원 김천지원 2018.01.24 2017가단540
공유물분할에 인한 소유권이전등기
Text

1. A ship that connects each point of the separate sheet No. 1, 2, 3, 11, 12, 13, 14, 15, and 1, among the area of 1,640 square meters in Gu and Si, Gu.

Reasons

1. Facts of recognition;

A. The 1,640 square meters prior to Gu-si, Gu-si (hereinafter “instant land”) are as indicated in the “public land portion” column in the separate sheet, and each registration of ownership transfer has been completed in the name of the Plaintiff and the Defendants as indicated in the separate sheet.

B. Until the date of the closing of argument in the instant case, there was no agreement between the Plaintiff and the Defendants on the division of the instant land and the method of division.

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination

A. According to the above facts of recognition, since an agreement was not reached between the Plaintiff and the Defendants who jointly own the instant land, the Plaintiff may file a claim with the court for partition of the instant land pursuant to Articles 268 and 269 of the Civil Act.

B. Considering the following circumstances: (a) the method of partition of co-owned property as indicated in subparagraph 1; (b) the result of appraisal commission to the director of the Korea Land Information Corporation and the purport of the entire pleadings, it is reasonable to divide the instant land in kind as indicated in the text.

3. Accordingly, the Plaintiff’s claim against the Defendants is justified, and it is so decided as per Disposition by the assent of all participating Justices.

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