공유물분할 등
1. The main text of the judgment of the court of first instance is as follows according to the expansion of the purport of the claim in the trial of the plaintiff A.
1. Facts of recognition;
A. The Plaintiff acquired the ownership of 339/6,960 shares of the above land on the ground of expropriation on June 11, 1981, and on the ground of inheritance by agreement division on February 14, 2004, the Plaintiff acquired the ownership of 1,203.9/6,960 shares, Plaintiff B, C, and D respectively 1,80,805.7/6,960 shares of 1,60 shares of the above land.
3) On November 7, 2013, the forest land E 23,008 square meters was divided into E forest land 21,887 square meters and F forest land 1,121 square meters in the city of Pakistan. On November 7, 2013, in the city of Pakistan, the land of G forest 8,231 square meters in the city of Pakistan was acquired by H on December 9, 1978. On February 14, 2004, the Plaintiff acquired the ownership of 2/11 shares, Plaintiff B, C, and D, respectively.
2) The Defendant occupies the above land by means of installing traffic signs, guard, etc. (based on recognition) without obtaining the right to use each part of the attached Table 2 among the above land. The fact that there is no dispute, Gap evidence 1 through 6 (each of the entries or images including virtual numbers, the result of the appraisal by the appraiser I of the first instance trial, the purport of the entire pleadings.
2. Determination as to the cause of action
가. 공유물분할청구에 관한 판단 당사자의 의사, 파주시 E 임야 21,887㎡ 및 F 임야 1,121㎡의 위치, 모양, 면적, 공유지분의 비율 등 이 사건 변론에 나타나는 모든 사정을 종합하여 볼 때, 피고는 위 E 토지에 관한 피고의 지분을 원고들의 지분비율대로 원고 A에게 61.5/6,960(≒339/6,960×1203.9/6,621) 지분, 나머지 원고들에게 각 92.5/6,960(≒339/6,960×1805.7/6,621) 지분을 이전하고, 위 F 토지에 관한 원고들의 지분은 모두 피고에게 이전하도록 하여 위 각...