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(영문) 대구지방법원 2015.02.10 2013가단44086

공유물분할

Text

1. Of the 18122 square meters of forest land D, 18122 square meters of forest land, each of the items indicated in the annexed drawing No. 1 through 6, 41, 40, 20 through 29, and 1 in sequence.

Reasons

1. Facts recognized;

A. Each real estate of this case is owned by the Plaintiff as one-half shares and one-fourth shares, respectively.

B. However, there was no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of each real estate of this case, may file a judicial claim against the Defendants in accordance with Article 269(1) of the Civil Act.

B. Furthermore, in full view of the circumstances such as the health team, the result of on-site verification conducted by appraiser G, the current status of each real estate of this case, which can be known by comprehensively considering the overall purport of the pleadings as a result of appraisal conducted by appraiser G, and the grave location of the Defendants, etc., among the total area of each real estate of this case, it is deemed reasonable to divide the remaining parts into 1/2 shares by dividing the parts of 1, 3, and 5 parts into the Plaintiff’s sole ownership.

3. According to the conclusion, each of the instant real estate is to be divided in kind as above.