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(영문) 춘천지방법원원주지원 2016.11.29 2015가단563 (1)

공유물분할

Text

1. The institute shall be the institute to be established in the ship, which connects each point of B forest No. 20,231 square meters in order of the specifications indicated in the attached sheet No. 7 through 33, 47, 46, and 7.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant Co., Ltd., Youngjin Synthetic Timber Co., Ltd., and the Defendant Co., Ltd. share the land of 20,231 square meters of B forest land in Won-si (hereinafter “instant land”) with 1139/2031/20, 5339/20231/20, 349/20231/20.

B. The Plaintiff and the Defendants did not reach an agreement on the division of the instant land.

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

2. Determination

A. According to the above facts acknowledged, the plaintiff can file a claim against the defendants for the partition of the land of this case, which is jointly owned.

B. As a lawsuit seeking partition of co-owned property, the court may order partition in a reasonable manner at its discretion without having difficulty to seek the partition of co-owned property by the Plaintiff. Thus, if multiple persons divide the co-owned property in kind, it is permitted to divide the property within the share limit of the party demanding partition and the remaining co-owners who do not want the partition remain in common (see, e.g., Supreme Court Decision 2014Da8888, Jul. 23, 2015). In full view of all circumstances such as the situation of the land in this case, the status of the land in this case, relationship between the Defendants, the relation among the land in this case, and the intent of the Defendants, etc., the part 11,764 square meters connected to each of the 7 through 33, 47, 464 square meters in the land in this case, and the part 45, 38 through 444, 764 square meters in the annexed drawing, 364 through 47, 465, 47.

3. In conclusion, this case's land is reasonable to be divided in kind as above, and it is so decided as per Disposition.