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(영문) 수원지방법원 여주지원 2017.03.23 2016가단2637
공유물분할에 의한 소유권이전등기
Text

1. Of each land listed in the separate sheet:

A. The land listed in paragraph 1 of the attached list is owned by the Plaintiff;

(b) the annexed list;

Reasons

1. Facts of recognition;

A. As to each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”), the Plaintiff shares 511/979; Defendant B shares 427/979; Defendant C shares 24/979; and Defendant D shares 17/979.

B. Defendant B is residing in the land listed in Section 2 of the attached Table No. 2 (hereinafter “instant land”) among each of the instant land, and the Plaintiff is not more than the land listed in Section 1 of the attached Table No. 1.

(C) The land listed in paragraph (3) of the attached list among each land of this case is used as a road by the Plaintiff and the Defendants. D. There is no special agreement between the Plaintiff and the Defendants on the prohibition of partition on each land of this case, and no agreement on the method of partition has been reached by the date of the closing of argument after the Plaintiff filed the lawsuit of this case. [The grounds for recognition: Each entry of the evidence No. 1 through No. 7 (including the number of pages) and all pleadings.

2. Determination

A. According to the above facts of recognition, it is impossible to consult on the method of partition between the Plaintiff and the Defendants, who are co-owners of each of the lands of this case. Thus, the Plaintiff, as co-owners, may claim the partition of each of the above lands against the Defendants.

B. In full view of all the circumstances revealed in the pleadings, such as the share ratio of the Plaintiff and the Defendants with respect to each of the instant land, the share ratio of the Plaintiff and the Defendants, the share of possession of the Plaintiff and the Defendant B, the location, shape, size, utilization relationship, and the Plaintiff C and D consent to the division method, it is reasonable to divide each of the instant land as described in paragraph (1) of the Disposition.

3. In conclusion, each of the instant land between the Plaintiff and the Defendants is divided by the aforementioned method, and it is so decided as per Disposition.

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