beta
(영문) 대구지방법원김천지원 2020.07.08 2019가단1745

공유물분할

Text

1. The attached appraisal map indicating 1,2,3,4,5,6,7,8,9,9,10,11, 13, 14, 15, 16, 17, 17, 18, and 55041 square meters of the Gu-U.S. Special Metropolitan City D Forest.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1 and 2; and (c) the purport of the entire pleadings as a result of the commission of surveying and appraisal to the chief of the Korea Land and Infrastructure Information Corporation;

The registration of ownership transfer was completed under C’s name with respect to D Forest land D 5041 square meters (hereinafter “the forest of this case”). However, on September 7, 1998 on the ground of donation made before September 4, 1998, the registration of ownership transfer was completed with respect to shares of 2/10 in the instant forest under the name of the Defendant, and each share of 4/10 in the name of E was completed with respect to shares of 3 (4/10) and E (4/10) from among the forest of this case. The Plaintiff completed the registration of ownership transfer in the Plaintiff’s name on April 24, 2017 on the ground of the sale by compulsory auction made on March 21, 2017.

B. As a result, the Plaintiff shared 8/10 shares of the instant forest, and the Defendant shared the instant forest at the ratio of 2/10 shares of the instant forest among the instant forest land. Of the instant forest land, the attached appraisal is also installed on the part (B) inside the ship connected in order to each point of 29, 30, 31, 32, 55, 56, 57, and 29 square meters (hereinafter “the instant portion (b)”).

C. For the foregoing reasons, the Plaintiff indicated the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 57, 58, 59, 60, 61, 62, 63, 64, 67, 69, 69, 70, 70, 71, 14, 15, 16, 17, 17, 17, 18, 344, 36, 45, 47, 47, 47, 47, 45, 364, 47, 45.

2. Determination:

(a) Division of the article jointly owned, if any, is subject to an agreement between co-owners;