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(영문) 청주지방법원 2016.05.04 2014가단152086
공유물분할
Text

1.(a)

Of the 233,451 square meters of K forest in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, the Map 75, 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 14, attached Table 1.

Reasons

1. The Plaintiff, B, C, and net P own 1/7 shares, respectively, and the Defendant I Village Association (hereinafter “Defendant I Village Association”) owned 3/7 shares in the 233,451 m2, N Forest and Forest, 25,38 m2, and 51,570 m2.

M M Forest land 109,091 square meters (not less than K, N,O, and M are hereinafter referred to as “instant forest”), the Plaintiff, C, D, and net P own 1/7 shares, respectively, and the Defendant Village Association owns 3/7 shares.

The net P died on May 17, 1989, and his heir of the deceased Q, children network R, Defendant E, F, and G.

The net Q died on March 25, 2015, and the net R died on December 1, 2007.

The heir of the net Q is the deceased R, Defendant E, F, G, and the heir of the network is Defendant H.

Therefore, due to the death of the net P, net Q, and net R, 1/7 shares in the ownership of the instant forest land in this case were transferred to Defendant E, F, G, and H each 1/28 shares.

The plaintiffs filed a lawsuit with respect to the forest land of this case with the defendant Village Association (Cheongju District Court 2009Gahap423, Daejeon High Court 2010Na2801, Supreme Court 2011Da90750, Supreme Court 2011Da90750). Accordingly, it is inappropriate for the plaintiffs to remain as the defendant Village Association and co-owners, and the heir of the network P and network R can not maintain a co-ownership relationship with the plaintiffs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Demand for partition and method of partition of the article jointly owned;

A. The Plaintiffs filed a claim for partition of jointly owned property made it difficult for the Defendants to maintain the co-ownership relation with the forest of this case as a result of the aforementioned litigation. The Plaintiffs and the Defendants were co-owners, and they did not reach an agreement on the method of partition among all co-owners. Therefore, the Plaintiffs, co-owners, may file a claim for partition of the instant land against the Defendants, who are other co-owners

(b) Division of the common property jointly owned by a method of partition may be selected at will, if the agreement is reached between co-owners;

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