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(영문) 수원지방법원 여주지원 2017.01.25 2015가단10877
공유물분할
Text

1. With respect to V forest land 2,160 m2,00 m2,00 m2,000 m2,000 m2,00 each point of the annexed drawing No. 1,2,3,4,12, and 1.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared the share of V forest 2,160 square meters (hereinafter “instant land”) in proportion to the shares listed in the attached Table 3.

B. The plaintiffs and the defendants filed the instant lawsuit seeking the division of the instant land as they did not reach an agreement on the division of the instant land.

C. On September 21, 2016, the Plaintiffs presented a draft subdivision as described in Paragraph 1 of the Disposition at the date of the second pleading of the instant case, and Defendant F and N consented thereto, and Defendant R’s attorney W did not raise any specific objection to the said draft subdivision.

Defendant F, K, L, N, and R were not present at all on the date of pleading and date of conciliation of the instant case, and no opinion was presented regarding the claim for partition of co-owned property of this case.

Defendant K submitted only a summary of the issues in which it is impossible to consent to the claim of this case on December 7, 2015, and did not present both the date of pleading and the date of conciliation of this case, and did not submit a separate draft.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1, the result of the appraisal commission to the female branch of the Korea Land Information Corporation in this Court, the purport of whole pleadings

2. Determination

A. According to the above facts, the Plaintiffs, part of the co-owners of the instant land, may file a claim against the Defendants, who are other co-owners, for the partition of the instant land pursuant to Article 268(1) of the Civil Act.

B. In light of all circumstances such as the location, form, size, and use of the instant land, surrounding environment, co-ownership relation between the Plaintiffs and the Defendants, the Defendants’ attitude, and the fact that the remaining co-owners, who do not want to divide in kind within the share limit of the party filing the claim for partition, are allowed to take account of all the following factors: (a) the instant land is owned by the Plaintiffs.

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