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(영문) 창원지방법원밀양지원 2014.11.26 2014가단26
공유물분할
Text

1. From among the 4,589 square meters in Gyeongnam-gun F, Gyeongnam-gun, the appraisal of the attached sheet No. 1, 2, 8, 5, 6, 7, and 1 is attached in sequence.

Reasons

1. Facts of recognition;

A. The Plaintiff owned the Plaintiff’s 757/1456 shares, Defendant B’s 20/1456 shares, Defendant C’s 99/1456 shares, Defendant D’s 300/1456 shares, Defendant D’s 300/1456 shares, and Defendant E owns 100/1456 shares.

B. The Plaintiff and the Defendants did not agree on the division of the instant land.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff, as a co-owner of the instant land, may file a claim for the partition against the Defendants, who are the co-owner of the remaining co-ownership. The division of co-owned property through a trial is a principle that the co-ownership of the instant land can be divided in kind inasmuch as the co-owner’s share can be reasonably divided. In full view of all the circumstances, such as the Plaintiff and the Defendants’ intent, structure, size, location, use status, etc. of the instant land, and the overall purport of the pleading as a whole, it is reasonable to divide the instant land in kind as indicated in the order.

If so, the plaintiff's claim is accepted for the reasons and it is so decided as per Disposition.

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