(영문) 수원지방법원여주지원 2016.06.28 2015가단2531

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원여주지원 2016.06.28 2015가단2531

공유물분할

Text

1. The real estate listed in the annexed list of real estate connects each point in the annexed list 1, 2, 3, 4, 5, and 1 in sequence.

Reasons

1. In full view of the purport of evidence No. 3, the Plaintiff’s share in the attached real estate list (hereinafter “instant real estate”), among the real estate listed in the annexed real estate list (hereinafter “instant real estate”), was owned by Defendant C, 330/5999 shares, Defendant D’s share in 330/5999 shares, Defendant E’s share in 990/599 shares, Defendant F, 330/5999 shares, Defendant E’s share in 330/5999 shares, and Defendant F’s share in 330/5999 shares; the agreement on the method of subdivision was not concluded between the Plaintiff and the Defendants; and there was no special agreement on the prohibition of subdivision on the instant real estate.

2. Determination

A. According to the above facts acknowledged as above, the plaintiff as co-owner of the land of this case may claim the partition against the defendants who are other co-owners.

B. In full view of various circumstances such as the statement No. 3 in the method of division, the appraisal results on the Leecheon Branch of the Korea Land Information Corporation in this court, and the relation between the parties recognized by the overall purport of pleadings, the location, shape, size of the real estate of this case and the ratio of shares of the Plaintiff and the Defendants, and there is no objection as to the division of the real estate of this case as stated in the order by the Plaintiff, the Defendants B, C, E, and F, and the Defendant D opposed the partition of the co-owned property of this case on the ground of the decline in property value, but the mere circumstance alone is not enough to prevent the partition of the co-owned property of this case, it is reasonable to divide the real estate of this case into the list of shares of the Defendants according to the annexed Form No. 1, No. 2,3,4,5, and 1 in sequence connected to the Plaintiff, and the portion No. 3359 square meters connected to the real estate of this case as indicated in the annexed Form No. 1, No. 5,7,8,9,1.

Therefore, the land of this case shall be divided as above and it is so decided as per Disposition.

유사 판례

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