logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.08.16 2018가단17591
공유물분할
Text

1. Of the 44,826 square meters of G-gu G-gu G-gu G-gu, G-gu, G-do, G-gu, 1 through 6, 14, 13, and 1, each point is successively connected.

Reasons

1. Facts of recognition;

A. At present, the Plaintiff shares 1/3 shares, shares in Defendant B 3/21 shares, shares in Defendant C and D, shares in 2/21 shares, shares in Defendant E 1280/4826 shares, and shares in Defendant F in 1362/4826 shares.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the Plaintiff, as co-owners of the instant land, may file a partition claim against the Defendants, who are other co-owners pursuant to the main sentence of Article 268(1) of the Civil Act, and did not reach agreement on the method of partition. Thus, the Plaintiff may file a partition claim with the court pursuant to Article 269(1) of the Civil Act.

B. In full view of all circumstances, such as the land in this case’s method of partition, the current state and form, the share ratio of the Plaintiff and the Defendants’ co-ownership, the co-ownership of the jointly owned property is in principle divided in kind, and the Defendants did not express their opposing intent as to the method of partition of co-owned property, such as the attached appraisal as well as the attached Form No. 1, 6, 14, 13, and 1, among the land in this case’s case’s land, the part (a) of 14,942 square meters connected in order to each of the items of (a) of the above is owned by the Plaintiff’s sole ownership, and the part (b) of 29,884 square meters connected in sequence with each of the above items of (a) 6 through 12, 13

3. In conclusion, the method of partition of co-owned property as to the land of this case shall be determined as above, and litigation costs shall be borne individually in consideration of the nature and method of partition of co-owned property. It is so decided as

arrow