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(영문) 대전지방법원 공주지원 2018.02.22 2017가단963
공유물분할
Text

1. Each point of 107, 144, 17, and 107, of forest land D, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, and of 133,686 square meters, respectively.

Reasons

1. According to the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff completed the registration of ownership transfer due to sale due to compulsory auction as to the portion of Eul's 1/3 of the 1/3 of the Cheongyang-gun D Forest land owned by defendant C, K, and L with 1/3 shares of each of the 1/3 shares on May 16, 2017 (hereinafter "the forest of this case"). L died on September 1, 2008 and completed the registration of ownership transfer due to the compulsory auction as to the portion of Eul's 1/3 of the 1/3 shares among the Cheongyang-gun-gun D Forest land owned by the defendant C, K, and L, the first deceased's spouse, H, I, J, and currently surviving children, B and the Appointed M, and there is no special agreement prohibiting division between the plaintiff and the defendants on each of the real estate of this case, and it can be acknowledged that consultation on each of the real estate of this case was not held until the date of closing of argument.

According to the above facts, the forest land of this case and the defendant C shares 1/3, each of the defendant B, the designated parties Eul, E, F, and G shares 7/105 (1/3 x 1/5), each of whom is 3/105 (1/3 x 1/5 x 3/7), the designated parties H shares 3/105 (1/3 x 1/5 x 3/7), the designated parties I and the J share shares 2/105 (1/3 x 1/52 x 7) respectively, and it is judged that the consultation on the division method is impossible between the plaintiff, defendant C, and the designated parties B.

Therefore, barring any special circumstance, the Plaintiff is a co-owner of the instant forest site and may file a claim for the partition against the Defendants.

2. When considering the status of the forest of this case, which can be recognized by the purport of Gap evidence Nos. 1 and 3 and the purport of the whole pleadings, the situation of the forest of this case, the plaintiff, defendant C, defendant C (Appointed Party B), and the process of acquiring the forest of this case, the annexed reference among the forest of this case that the plaintiff wants to divide, among the forest of this case, is indicated in the annexed sheet No. 107, 144, 17 and 107, and the utilization plan for part 44,562 square meters (the same shall apply to part 44,562 square meters in the result of the current status survey in the annexed sheet) among the forest of this case.

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