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(영문) 대전지방법원홍성지원 2017.11.01 2016가단10636
공유물분할
Text

1. Of the 9,909 square meters of F forest land in Chungcheongnam-nam budget group, the attached appraisal marks 1 to 5, 31, 30, 29, 28, 27, and 1 are the same in sequence.

Reasons

1. Facts of recognition;

A. G, H, Defendant B, C, and D completed the registration of ownership transfer as to each of 1/5 shares of the forest land listed in the Disposition No. 1 of January 30, 1986 (hereinafter “instant forest land”).

B. Defendant E inherited 1/5 of the instant forest land of H and completed the registration of ownership transfer on June 10, 2010.

C. The Plaintiff acquired 1/5 shares out of G’s forest land through public sale, and completed the registration of ownership transfer on October 13, 2016.

On the other hand, the Plaintiff and the Defendants did not agree on the method of dividing the pertinent forest land jointly owned.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff, a co-owner of the forest of this case, may seek a partition of the forest of this case against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.

Furthermore, as to the method of partition, Defendant B, C, and D agree with the Plaintiff’s assertion of partition in kind, such as the number and location of graves existing in the forest of this case, and the Plaintiff’s assertion of partition in kind as described in Section 1 of the Disposition, it is reasonable to divide the forest of this case as described in Section 1 of the Disposition, in addition to the circumstances in which the Defendant E does not present any special opinion.

Therefore, it is so decided as per Disposition.

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