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(영문) 의정부지방법원 2016.08.19 2015가단119079
공유물분할
Text

1. A ship which connects each point of the attached Form 1 through 24, and 1 among the 31,525 square meters of Gyeonggi-gu J Forest.

Reasons

1. Basic facts

A. Of the 31,525 square meters of J-gun, Gyeonggi-gu, Gyeonggi-do (hereinafter “instant real estate”), with respect to each one-fifth share, the respective transfer registration under the Plaintiff’s name was completed on October 16, 1965, on March 5, 1996, under the name of the Defendant B, on August 1, 1997, under the name of the Defendant C, on June 18, 2009, under the name of Defendant D, on June 3, 2015.

B. K died on August 1, 2005, and Defendant E is the wife of K, and Defendant F, G, H, and I are the children of K.

C. There was no division agreement between the Plaintiff and the Defendants on the instant real estate until the closing date of the instant argument.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 and 2, the purport of the whole pleadings

2. According to the establishment of the right to claim partition of co-owned property and the facts based on the method of partition, there was no agreement on the method of partition between the Plaintiff and the Defendants. Therefore, the Plaintiff may claim partition against the Defendants, who are other co-owners of the instant real estate, pursuant to Article 269(1) of the Civil Act.

Furthermore, considering the following: (a) the method of division; (b) the description of the evidence No. 3; (c) the intent of the parties to be recognized by adding the entire purport of the pleadings as a result of appraiser L’s appraisal; (d) the location and size of the real estate of this case; and (e) the shape value of the real estate owned by the Plaintiff and the Defendants through division, it is reasonable to divide the real estate of this case into

3. Conclusion, the real estate of this case is divided in kind as described in Paragraph 1 of the Disposition.

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