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(영문) 전주지방법원 2018.04.10 2017가단22942

공유물분할

Text

1. With respect to D Forest land 8,200 square meters in Jeonjin-gu, Jeonjin-gu, Jeonju, the attached appraisal map shall be marked 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 20, 21 and 21.

Reasons

1. Facts of recognition;

A. On June 13, 2017, the Plaintiff purchased 1/8 shares from Nonparty E in Seoul Special Self-Governing Province D Forest No. 8,200 square meters (hereinafter “instant land”), and completed a share transfer registration on June 13, 2017. Of the instant land, the Plaintiff purchased 27/96 shares from Nonparty F and completed the share transfer registration on September 6, 2017 from Nonparty G, respectively.

The Defendants are co-owners who owned the remainder of the instant land (Defendant B5/12 shares, Defendant C1/12 shares) before the Plaintiff purchased the said shares.

B. There was no agreement between the Plaintiff and the Defendants on the method of division of the jointly owned property until the closing date of the instant argument.

C. The shape and size of the land of this case divided according to the spot-sale method desired by the Plaintiff are indicated in the attached appraisal map.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, the result of the appraisal by this court, the purport of whole pleadings

2. Determination

A. According to the above facts acknowledged, the plaintiff, as co-owner of the land of this case, may file a partition claim against the defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act, and the agreement on the method of partition was not reached. Thus, the plaintiff may file a partition claim with the court pursuant to Article 269(1) of the

B. In full view of all the circumstances, such as the location, shape, size of the land in this case, the share ratio of the parties concerned, and the Defendants did not dispute the method of partition of co-owned property, it is reasonable to divide the land in kind as shown in paragraph (1) of this Article.

3. Therefore, the method of partition of co-owned property as to the land of this case is determined as above. It is so decided as per Disposition.