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(영문) 인천지방법원부천지원 2016.11.08 2016가단4572
공유물분할청구금
Text

1.(a)

In order of 1, 2, 3, 4, 10, 11, 12, and 1 of the attached Form 1 drawings among the area of 605 square meters before Sejong Special Self-Governing City C.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant shared 1/2 shares of each of 605 square meters prior to Sejong Special Self-Governing City and 29,256 square meters of D forest land (hereinafter “each of the instant real estate”).

B. The Plaintiff and the Defendant did not hold a divided consultation on each of the instant real estate until the closing date of the instant argument.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. According to the above facts of recognition, the Plaintiff and the Defendant did not reach an agreement on the method of division between the Plaintiff and the Defendant. Therefore, the Plaintiff may request the Defendant, who is the other co-owners of each of the instant real estate, to divide the instant real estate in accordance with Article 269(1) of the Civil Act.

Furthermore, in light of the following: (a) the method of division; (b) the result of the court’s commission of surveying and appraisal on appraiser E by the court; and (c) the location and size of each real estate of this case, the shape and value of each real estate owned by the Plaintiff and the Defendant through division; and (d) the intent of the parties, etc., it is reasonable to divide each of the real estate of this case in kind as stated in Paragraph (1) of the Disposition.

3. The conclusion is that the real estate of this case is divided in kind and it is so decided as per Disposition.

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