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(영문) 춘천지방법원속초지원 2015.02.05 2013가단1169
공유물분할
Text

1. The remainder of each real estate listed in the separate sheet after deducting the cost of the auction from the proceeds of the auction;

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 6 and 7 (including paper numbers; hereinafter the same shall apply):

The Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”) and the 33m2m2 in Gangnamyang-gun in the separate sheet by shares in the separate sheet.

B. Of each of the instant real property, the 172 square meters in Gangseo Yangyang-gun G is part of the access road (road) that enters each of the instant real property.

2. Summary of the parties' arguments

A. The Plaintiff’s cause of the Plaintiff’s claim and the Defendants agreed that the real estate listed in the separate sheet Nos. 1 is owned by Defendant E; each real estate listed in paragraphs 2 and 3 of the same list is owned by Defendant D; the real estate listed in paragraph 4 of the attached list is owned by Defendant B; and the real estate listed in paragraph 5 of the attached list is owned by Defendant C; and each real estate listed in paragraphs 6, 7, and 8 of the attached list is owned by the Plaintiff; thus, each of the instant

B. The Plaintiff and the Defendants alleged in Defendant B, C, and E did not agree on the division as alleged by the Plaintiff, and even if there was such agreement, it was concluded by the Plaintiff that “the Plaintiff would contribute part of each of the instant real estate, or have left for sharing it as a co-ownership,” and thus, the said agreement was cancelled by the delivery of the briefs dated April 29, 2014.

3. Determination

A. The Plaintiff’s assertion is that each co-owned share owned by the Plaintiff and the Defendants were exchanged and divided into shares in a way as alleged by the Plaintiff and they were agreed to own each share by parcel. Accordingly, considering the following facts and circumstances comprehensively, the Plaintiff and the Defendants can be seen by taking account of the descriptions of the evidence No. 1, No. 2, No. 10, and the witness H’s testimony and overall purport of pleading.

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