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(영문) 춘천지방법원원주지원 2015.05.21 2014가단34217
공유물분할
Text

1. Attached Form 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 4, each of whom is indicated in the attached Form 4, 5, 6, 7, 8, 9, 10, 12, 14, 16.

Reasons

1. Facts of recognition;

A. The Plaintiffs are married couple.

B. The Plaintiffs and Defendant C are co-owners of 1276 square meters per 1276 square meters per 1276 square meters per 1276 square meters (hereinafter “E land”). The Plaintiffs own 582.5 square meters, and Defendant C owns 111 percent of 1276.

C. The Plaintiffs and Defendant D are co-owners of 832 square meters (hereinafter referred to as “F land”), both of which are 451.5 percent for Plaintiff A, 360.5 percent for Plaintiff B, and 20 percent for Defendant D, respectively.

There was no agreement between the plaintiffs and the defendants on the method of dividing E-land and F land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiffs, co-owners of E land and F land, may file a judicial claim against the Defendants for the said partition pursuant to Article 269(1) of the Civil Act.

B. Furthermore, considering the circumstances such as E/F land and the current status of E/F land known to the general purport of the pleadings as a result of an appraiser G’s appraisal, it is determined that E land was divided into 4,5,6,7,8,9,10,11, 12,13, 14, 15, 16, 17, 18, 18, and 4 in sequence, and the part 1165 square meters in proportion to 1165 square meters in common (5/1165 each of the plaintiffs’ co-ownership), 1,2,3, 4, 18, and 1, 300 square meters in sequence, 200 square meters in common, 30 square meters in common, 30 square meters in common, 211 square meters in lots, 21, 223, 24, 25, 27, 328, 27, 2527, 27, 281.

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