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(영문) 수원지방법원평택지원 2020.07.22 2019가단59217
공유물분할
Text

Attached Form

Each land listed in attached Tables 1, 2, and 4 among each land listed in the list shall be owned by the plaintiff and the list in attached Form.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1-12 of the judgment as to the cause of the claim, each of the instant lands was jointly owned by the Plaintiff 3607/4107 shares and P 50/4107 shares. However, following the death of P, it is recognized that the Defendants inherited the said shares as shown in the separate sheet; there was no special agreement between the Plaintiff and the Defendants not dividing each of the instant lands; Defendant D, E, F, G, and H did not give any special answer to the Plaintiff’s claim for partition of co-owned property; at the date of pleading of the instant case, the remaining Defendants except the said Defendants were owned by the Plaintiff; the third land was jointly owned by the Defendants; and the third land was not owned by the Plaintiff in kind; and the Plaintiff did not oppose this.

Therefore, it is reasonable to divide the land Nos. 1, 2, and 4 as owned by the Plaintiff into the third land owned by the Defendants.

2. In conclusion, the partition of co-owned property as to each of the lands of this case shall be determined as above, and it is so decided as per Disposition.

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