logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2019.05.15 2018가단7452
공유물분할
Text

1. With respect to C Forest land 1,394 square meters and D forest land 109 square meters in Innju-si:

A. The Plaintiff is the 1,394 square meters of C Forest in Innju.

Reasons

1. The Plaintiff and the Defendant shared the Plaintiff’s share of 1,394 square meters of C forest land (hereinafter “the instant land”) and 109 square meters of D forest land (hereinafter “the instant land 2”); each of the said land together with each of the said land is owned by the proportion of Plaintiff 1,394/1,503 shares, Defendant 109/1,503 shares; and among them, there was no agreement on the method of partition of each of the instant land.

Therefore, the Plaintiff, a co-owner, may claim a partition of each of the instant lands against the Defendant, who is another co-owner.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The method of partition of co-owned property shall be determined by integrating the facts acknowledged under paragraph (1), evidence No. 1-3, and the purport of whole pleadings.

Each of the instant lands is divided into the area of 1,503 square meters of C forest land (hereinafter “land before subdivision”).

The Plaintiff and E Co., Ltd. (hereinafter “E”) owned the land before subdivision. However, among them, the land prior to subdivision was divided into the Plaintiff’s ownership of a specific part of 1,394 square meters in the land before subdivision, and the remaining part of 109 square meters in the land before subdivision is divided into E. In accordance with the said final judgment, the specific part of the land prior to subdivision was divided into the land of this case, and the specific part of 1,394 square meters in the land prior to subdivision was divided into the land of this case.

With respect to each of the lands divided in this case, before the registration of ownership transfer according to the above final judgment is completed, E's shares were compulsory auction and the defendant purchased the above shares.

Since the officially announced value of each land of this case is equal to 36,800 won per 1 square meter as of January 1, 2018, it is reasonable to deem that the market value of each land of this case is the same.

The area of the land No. 1 of this case is the same as the area corresponding to the share ratio of the plaintiff among each land of this case, and the area of the land No. 2 of this case is among each land of this case.

arrow