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(영문) 의정부지방법원 2018.07.25 2017가단116296
공유물분할
Text

1.(a)

Attached Form

Schedule 1 The real property in paragraph 1 is owned by Defendant Republic of Korea;

(b) the real estate listed in paragraph 2 of the same list shall be:

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the claim for partition of the jointly owned property Gap Nos. 1 and 2 (including each number), it is recognized that the land listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as "the land listed in the separate sheet No. 1", and the land listed in the separate sheet No. 2 (hereinafter referred to as "the land of this case No. 2") are jointly owned by the plaintiff (15306/200 each 20640), defendant B (5/1290 each 145/1290 shares), and the defendant Republic of Korea (140/1290 each 145/1290 shares), and it is not known that there was no agreement on partition of each of the land of this case between the plaintiff and the defendants.

Therefore, the Plaintiff, as co-owners of each of the instant lands, may file a claim against the Defendants, who are the remaining co-owners, for the partition of each of the instant lands pursuant to Article 269(1) of the Civil Act.

2. As to the detailed method of dividing the jointly owned property, the following circumstances are as follows: Gap evidence Nos. 1 and 2 (including each virtual number), Eul evidence Nos. 1 and Eul evidence Nos. 1, each of the land of this case is located adjacent to each other; in a case where the defendant's share of the Republic of Korea with respect to each of the above land is converted into a horizontal meter, the defendant's share as to each of the above land is converted into a horizontal meter, the defendant's share as to each of the above land: 479 square meters [ = 5 square meters = 479 square meters (the size of the land of this case 1) x 145/12900 (the size of the two land of this case) x 4216 square meters (the size of the two land of this case) x 145/12900 (the share of the defendant's Republic of Korea) x 140 percent (the share of the defendant's Republic of Korea) 20/480 percent of the plaintiff's share of this case.

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