beta
(영문) 대구지방법원 서부지원 2018.05.29 2017가단56237

공유물분할

Text

1. 86,345 square meters of Kannam-gun, Gyeongbuk-do;

(a)the annexed drawing indication 1 to 8, 19 through 26, 43, 42, 28, 29, 30, 41, 40, 40;

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1 and Eul evidence 1; the results of this court’s commission of surveying and appraisal to the elderly branch offices of the Korea Land Information Corporation; and the purport of the entire pleadings.

K 86,345 square meters (hereinafter “the instant forest”) of Kannam-gun, Chungcheongnam-do is the land registered as co-owners with the shares of Plaintiff 902849/1040208, Defendant B 4310/1040208, Defendant C 1983/8684 shares, Defendant D249/8684 shares, Defendant D249/8684 shares, Defendant (Withdrawal) 182469/1040208 shares, net L1983/8684 shares.

B. The deceased L had died on May 1995, and Defendant E inherited the deceased L’s property at the rate of 2/9 of 3/9, Defendant F, G, and H, respectively.

C. Defendant I’s successor to the instant forest land (Withdrawal) purchased shares owned by Defendant I from Defendant I and completed the registration of ownership transfer on November 27, 2017.

2. The Plaintiff asserts the division of goods in kind in the same manner as the Disposition No. 1, and the Intervenor’s succeeding to the Defendant B, C, and Defendant I consented to the Plaintiff’s assertion, and Defendant D, F, and H do not present any opinion.

Defendant E and G have the same opinion as Defendant F and H in regard to the division of the instant forest land by blood relationship with Defendant F and H.

In light of the above circumstances, it is reasonable to divide the forest of this case into Paragraph (1) in light of the various circumstances revealed in the pleadings, such as the location, shape, area, and utilization status of the forest of this case.

3. In conclusion, this case’s forest land is divided as above, and it is so decided as per Disposition.