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(영문) 서울중앙지방법원 2018.05.04 2017가단5130400
공유물분할
Text

1. A ship which connects each point of Annex 1, 2, 3, 4 and 1 in sequence, among the land areas of 2,074 square meters in Gyeonggi-si.

Reasons

1. Basic facts

A. As of the date of the closing of argument in this case, the Plaintiff shares 1140.7/2074 shares as of the date of the closing of argument in this case, and the remainder of the Defendants except Defendant J and T, and the successor underwriter share each share in the attached list.

B. The Plaintiff demanded the Defendants to divide the instant land, and there was no agreement between the parties on the method of partition.

[Evidence] Each description of Gap evidence Nos. 1 through 4

2. Determination

A. According to the above facts of recognition as to the claim for partition, the Plaintiff may request the Defendants, other co-owners, to divide the instant land.

As to this, Defendant D, Q, T, and Q set up a special agreement between the Plaintiff and the Plaintiff that the land of this case shall not be divided by the time when the land substitution contract was approved, prior to disposing of part of their shares to the remaining Defendants. However, it is insufficient to view that there is a special agreement on the prohibition of partition as to the land of this case only with the statement in subparagraph 1.

B. The method of dividing the method of partition is reasonable to divide the portion 1,141 square meters in the section 1,141 square meters of the attached drawings into the Plaintiff who wishes to divide in kind, taking into account the location, shape, use status, ownership status of surrounding land, economic value after the division, etc. of the instant land. The portion 93 square meters in the section 1,141 square meters in the section of the ship connected each of the points of each of the said items, which is located in the line between the Plaintiff and the Plaintiff who wishes to divide in kind. The portion 93 square meters in the section 3, 4, 5, 6, and 33 square meters in order to connect each of the remaining points in the

However, according to these methods, the Plaintiff, who acquired more than 0.3 square meters of the previous shares, adjusts the value corresponding thereto in cash. As such, the Plaintiff also recognized the Plaintiff’s assertion that the market price equivalent to the above area is 363,636 won. Thus, the Plaintiff is the Defendant.

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