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(영문) 대구지방법원김천지원 2014.09.17 2014가단464
공유물분할
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 23, 2011, D forest 138,050 square meters (hereinafter “the instant forest before the instant subdivision”) was divided into 128,701 square meters of D forest and 128,701 square meters of F forest and 9,349 square meters of F forest. On January 3, 2012, D forest 128,701 square meters was further subdivided into 58,724 square meters of D forest, G forest 1,857 square meters, E 68,120 square meters of forest, and F forest 9,349 square meters into F forest and 2,274 square meters of forest and H forest and 23,235 square meters of forest, I forest and 3840 square meters of forest and 40 square meters of forest and land.

B. The Plaintiffs and the Defendant shared 1/3 shares of 58,724 square meters and E forest land 68,120 square meters (hereinafter “instant forest”).

C. Around May 1994, the Plaintiffs and the Defendant drafted a written agreement with the following contents.

(hereinafter referred to as “the instant agreement”). The share in the forest land before the instant subdivision is 1/3, respectively, and the boundary is 1/3 of the shares in the forest land before the instant subdivision, and the east is owned by the Plaintiff A with the center of valley, and the west is owned by the Defendant, and the remainder is owned by the Plaintiff B.

The compensation related to the Korean steel tower shall be received by the plaintiff A and the defendant.

(Construction of a steel tower and the land owned by Plaintiff B are irrelevant to the land).

The forest of this case is a natural forest in the form of divided between F, G, H and I forest and is a natural forest in the form of a shape in which the north is low and the south is leading to the normal state of mountain.

Any valley, which serves as the basis for the boundary line of the forest land before the division of this case, is in the form of a "C" to connect the south-east from the north-east side with the boundary line of the forest land before the division of this case.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including each number, if any), Eul evidence No. 1, the result of on-site verification by this court, the purport of the whole pleadings

2. The Plaintiffs asserts that the instant forest is jointly owned by the Plaintiffs and the Defendant, and that they seek the division of the jointly-owned properties, such as the purport of the claim.

A person who partitioned ownership of a specific part of land in the co-ownership relationship of sectional ownership shall be entrusted with that part.

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