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(영문) 대전지방법원홍성지원 2019.05.15 2018가단2820
공유물분할
Text

1. A ship which connects each point in attached Form 1, 2 through 19, and 1 among the area of 1686 square meters of land in Seocheon-gun, Seocheon-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. Plaintiff A has 760/1686 square meters of land D (hereinafter “the instant forest”) 1686 square meters of land (hereinafter “the instant forest”). Plaintiff B has 83/1683 equity interest in the instant forest, and the Defendant holds 1/2 equity interest in the instant forest.

B. The Plaintiffs and the Defendant did not reach an agreement on the method of dividing the instant forest land.

【Reason A’s statement of No. 1-1, and the purport of the whole pleading

2. Judgment as to partition of co-owned property

A. As stated in the above facts, the plaintiffs, co-owners of the forest of this case, and the defendant did not reach an agreement on the method of partition. Thus, the plaintiffs, co-owners, may file a claim for judicial partition against the defendant, who is another co-owner, regarding the forest of this case.

B. Furthermore, we examine the method of division.

If Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4, 5, Eul evidence 1-8, and Eul evidence 1-8 are discovered as a result of the on-site verification by this court, and if the following facts and circumstances are gathered, it is reasonable to divide the forest of this case in kind, such as Paragraph 1, if it is acknowledged as a whole after considering the overall purport of each request for surveying and appraisal as to the head of Seocheon National Land Information Corporation in the Republic of Korea:

① From among the forest land in this case, the current status of an asphalt package in the area of the attached drawing No. 1 (b) and 69 square meters was the previous one.

② On February 2018, E, the Plaintiff’s lighting division, built a road by piling up a stable around 126m2, among the forest land in the instant case, and packing concrete packages.

Through the above road, the forest of this case may pass along the E-owned house on the land adjacent to the lower left part of the forest of this case.

③ Of the forest land in this case, the part of the annexed drawing 1’s land size of 12 square meters is the part on the land adjacent to the land in this case’s land, which is the part with the wife of Plaintiff B’s housing.

(4) Of the forest land of this case, the annexed drawings Nos. 2, 20 through 25, 8, 7, 6, 5, 4, 3, 2.

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