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(영문) 대전지방법원논산지원 2015.09.10 2014가단973

공유물분할

Text

1. Of D Forest land of 36,478 square meters in Chungcheongnam-gun, Chungcheongnam-gun:

A. Annex 1-5, 23-29, and 1 are linked in sequence.

Reasons

According to the purport of evidence Nos. 1 and 2, evidence Nos. 2-1, 2, and 3-1 of evidence Nos. 1, 2-2, and 3-1 of E-A-2, the Plaintiff held shares in the deceased G (the deceased on Feb. 7, 2009), E, the Defendant, H, I, the Defendant (Appointed Party), J, the Appointed Party F, and his children of the deceased K (the deceased on Mar. 5, 1993) and the deceased L (the deceased on Feb. 7, 2008). The Plaintiff was the deceased head of the Dong G, the Da 36,478 square meters of land D. 36, 478 square meters (hereinafter “the forest of this case”) and the entire purport of the arguments. The Plaintiff may file a claim against the Plaintiff and the Defendant (Appointed Party), each of whom are divided, and the remaining co-owners of the forest of this case.

Of the instant forests and fields claimed by the Plaintiff and the Defendant, the part 1-5, 23-29, and 22,79 square meters inboard connected in order to each point of Annex 1-5, 23-29, and 1 are jointly owned by the Plaintiff and the Defendant. The part 13,679 square meters in line with each point of Annex 2, 5-23, and 5, which are connected in order to be jointly owned by the Defendant (Appointed Party), the appointed Party E, and F, respectively.

(4) The Plaintiff’s assertion that the Defendant (Appointed Party) made an auction division at the beginning of August 18, 2014, changed the above position through the application for change of the purport of the claim and the cause of the claim as above. Of the forest land in this case, the part of item (a) of the instant land connecting each point of the No. 4 drawings No. 1-7, 29, 30, 31, 28, 29, and 7 are jointly owned by the Plaintiff and the Defendant, and the part (b) 12,312 square meters connected each point of the No. 4 drawings No. 4 drawings No. 7-19, 31, 28, 29, and 7 are jointly owned by the Defendant (Appointed Party) and EF, and the part (c) 3,648 square meters connected each point of which is divided by all co-owners.