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(영문) 대구지방법원 포항지원 2018.10.12 2017가합11716
공유물분할
Text

1.(a)

Attached Form

Of each land listed in the list, each land listed in paragraphs 1, 2, and 5 shall be owned by Plaintiff B, and described in paragraph 3.

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant share each of the lands of this case, and their co-ownership shares are as listed below.

Co-owners’ co-ownership A62/508 Plaintiff D 61/508 Plaintiff B 218/508 Plaintiff E 61/508 Plaintiff C 102/508 Defendant 4/508

B. Plaintiff B owns each of the instant land buildings, Plaintiff E’s ground buildings, Plaintiff C’s ground buildings, Plaintiff C’s ground buildings, and Plaintiff A’s ground buildings on the instant land No. 6.

C. As of July 20, 2018, the market price of each of the instant lands as of July 20, 2018 is as listed below:

1. 124,450,000 of the instant land No. 2024,590,000,000 of the instant land No. 2 and No. 3 of the instant case No. 450,50,350,000 of the unit price (B, 450,000 square meters) per area of the land (B, 450,000,000 square meters)

D. There is no special agreement between the plaintiffs and the defendant on the prohibition of partition of each of the lands of this case, and no agreement on the method of partition of each of the lands of this case has been reached until now.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-6, Eul evidence 1-1-1 or video, the result of the appraisal commission to F by this court, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, since the plaintiffs, co-owners of each land of this case, and the defendant did not reach an agreement on the method of partition of each land, the plaintiffs can file a claim against the defendant, who is another co-owner, for partition of each land of this case.

B. Division of one method of partition of co-owned property may be chosen at will if the co-owners reach an agreement, but if the co-owned property is divided by judgment because it did not reach an agreement, the court shall in kind.

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