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(영문) 서울중앙지방법원 2019.08.20 2018가단5271582
공유물분할
Text

1. The amount remaining after the amount of 133,385 square meters of forest land in Gangwon-gun is put to an auction and the auction cost is deducted from the price.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant shared, as the children of the deceased D (the deceased on September 21, 2015, hereinafter “the deceased”), at the rate of 13,967/21,967, and 8,000/21,00 of the real estate recorded in the text that was originally owned by the deceased (hereinafter “the forest of this case”) through donation, sale, etc. on several occasions.

B. The forest of this case is located within the restricted protection zone (25 km in the transition area), and is located within the distance of 5.4 km in a straight line in the direction of the north east-dong at the location of the steel source E in the Gangwon-do.

Three (Dong, west, south) is a mountain ground surrounded by forests and fields, adjacent to the north of the river, and address approximately twenty to thirty (30) degrees from the point 2.1km away from the south (532m in the sea) to the north from the south (532m in the north).

이 사건 임야의 남쪽 텃골교 밑 하천을 건너는 등 방법으로 이 사건 임야에 진입할 수 있다.

In the dynamics and the outer boundary line of the forest of this case, several sloping lengths can be used.

The instant forest land flows out from the point of middle to the river boundary between the two sides of the mountain land between the mountain water between the mountain water in this case and the mountain water between the two sides of the boundary between the mountain water in this case and the river between the two sides.

In the forest of this case, the deceased's click tree is the clive-click tree, and there is a rent of at least one million won each year from the total of KRW 1 million.

In the past, income has been generated due to the progress of simple work for afforestation in the past.

The officially announced value of the instant forest is KRW 2,870 per square meter as of 2019.

C. Although the conflict between the Plaintiff and the Defendant deepens, the purport is identical to the division itself of the forest of this case, there is no agreement as to the specific method and conditions of division (division in kind, division in total amount compensation, etc.).

[Based on recognition] Unsatisfy, Gap evidence 1 to 31, and Eul evidence 1 to 8 (if there are various numbers, including numbers; hereinafter the same shall apply).

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