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(영문) 대전지방법원 서산지원 2021.02.02 2020가단54352
공유물분할
Text

1. Part on a ship (A) which connects each point of the attached Form No. 1, 2, 3, 4, and 1 among the 7009 square meters of forest E in Seosan-si.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 4 and evidence Nos. 1 of Eul as to the cause of the claim, the forest of this case and the defendants owned in their respective shares of 1/4, and the part on the indication of "recurs" in the annexed drawings among the forest of this case where graves managed by the defendants exist. The forest of this case are installed on the south side of the forest of this case (refer to the evidence No. 4 of this case), and the defendants received all compensation for installation of the above transmission line around 2007.

Therefore, considering the interests and equity between the Plaintiff and the Defendants, the part where a grave is installed and the part where the transmission line passes by taking into account the interests and equity of the Plaintiff and the Defendants, left as co-ownership by the Defendants, and the part (A) connected in the order of the indication of the attached Form 1, 2, 3, 4, and 1, which did not pass from the right side of the grave to the right side and to the south is obtained in kind by the Plaintiff, and the part (7,00 square meters ± 7,009 square meters ± 4) connected in the order of the Plaintiff, which is 1752.25 square meters equivalent to the ratio of public land.

2. In conclusion, among the forest land of this case, part (A) of the annexed map Nos. 1, 2, 3, 4, and 1 of the annexed map Nos. 1752 is owned by the Plaintiff’s sole ownership, and the remainder of 5,256.75 square meters is divided into one-third of shares. It is so decided as per Disposition by the Defendants.

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