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(영문) 대구지방법원의성지원 2020.11.25 2020가단232
공유물분할
Text

1. Of the 2615 square meters in G-gun G-gun G-gun G-gun 2615 square meters, each of the following points are indicated in the annexed map No. 10, 11, 12, 13, 14, 15, 16, 17, 18, 25, 26, 27, and 10.

Reasons

1. Facts of recognition;

A. The Plaintiff’s share in co-ownership of 727/2615 and 188/2615 is registered in the register of 2615m2 (hereinafter “instant land”).

B. The deceased H’s heir has Defendant C, D, E, and F, who is the spouse of Defendant B and his children.

C. Until the date of closing argument of the instant case, no agreement on the method of dividing the instant land was reached.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the instant land, may file a claim for partition of the instant land pursuant to Article 269(1) of the Civil Act against the Defendants, a co-owner of the network H, who is the heir of another co-owner.

B. In full view of the following circumstances, the method of partition of co-owned property, the size, shape, current utilization of the land of this case, market price, shape and size of the land after partition, and the share ratio of the Plaintiff and the Defendants in the pleadings of this case, it is deemed fair and reasonable to divide the land of this case in kind as stated in paragraph (1) of this Article.

3. Therefore, it is so decided as per Disposition by the assent of all participating Justices on the division of the instant land in kind, as described in Paragraph 1 of the Disposition.

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