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(영문) 인천지방법원 2007.08.16 2006가단60105
공유물분할
Text

1. The plaintiffs shall be entitled to each of the real estates listed in [Attachment 5(13) and 19(25) in annexed Schedules, according to their respective share of 1/4.

Reasons

1. The facts that there is no dispute over the method of partition of the jointly owned property and the statements in Gap evidence Nos. 1 and 2 are as follows: the plaintiffs and the defendants are co-owners holding 1/6 shares of each real estate listed in the separate sheet as punishment items (hereinafter referred to as "each real estate of this case"). As of the date of the closing of argument in this case, the plaintiffs and the defendants did not reach an agreement on the method of partition of each real estate of this case as of the date of the closing of argument in this case. There is no counter-proof; therefore, according to the above facts, the agreement between the original co-owner and the defendants as of the date of the closing of argument in this case on the method of partition of each real estate of this case was not reached; therefore,

Furthermore, as to the method of partition of each real estate of this case, in principle, partition of co-owned property by judgment shall be divided in kind as long as a reasonable partition can be made according to each co-owner's share. The result of on-site inspection by this court, the result of appraiser G's survey and appraisal by appraiser G, and facts which can be acknowledged by the purport of the whole pleadings, which are the real estate of paragraph (2) of the attached Table, are located seven graves of the original defendant on the real estate of paragraph (2) of the attached Table, and it seems that the defendants who are male siblingss own the real estate more appropriate for the management of the grave, and the real estate of paragraph (16) of the attached Table is managed by defendant E as a building located on the land of paragraphs 14 and 15 of the attached Table, and the value of each real estate of this case, and all other circumstances are considered, it is reasonable to divide each real estate of paragraphs 5 through 13, 19 through 25 of the attached Table into the plaintiffs' ownership, and each real estate of the defendants.

2. Judgment on the defendants' assertion

A. The Defendants purchase each of the real estate listed in the separate sheet Nos. 5, 6, 13, and 16 by Defendant E and the father is the father.

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