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(영문) 청주지방법원 영동지원 2018.02.09 2017가단482
공유물분할(대금분할)
Text

1. With respect to D Forest land of 34,085 square meters in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do, and each point of the attached Table 1 Map No. 18, 19, 20, 21, 22, 23, 24, 25, and 18.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared the forest of this case in accordance with their respective shares in the shares in the annexed Form 3.

B. As seen in the separate sheet Nos. 1 and 2, the forest of this case is a non-permanent multi-cover type, and only one of them is adjacent to the road.

C. Among the forest land of this case, four graves for Defendant B and for their parents (hereinafter “each grave of this case”) are installed within 23,038 square meters in the attached Form 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 25, 26, 27, 28, and 16, 17, 18, 25, 26, 28, and 23,038 square meters.

On May 19, 2017, the Plaintiff sent to the Defendants a certificate of content regarding the division of the instant forest, but thereafter filed the instant lawsuit, if no agreement on the division was reached.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, the purport of the whole pleadings and arguments

2. Determination

A. According to the above facts, the Plaintiff, one of the co-owners of the forest of this case, may claim the division against the Defendants, who are other co-owners, at any time.

However, prior to the filing of the lawsuit in this case, the agreement with the defendants as to partition of co-owned property was not formed, so the plaintiff's claim for partition of co-owned property as to the forest in this case has merit.

B. Meanwhile, the Plaintiff and the Defendants expressed their intent on the second date for pleading that “after the survey and appraisal of the forest of this case was conducted in the presence of all the parties, the part desired by the Plaintiff is owned by the Plaintiff, and the remainder is jointly owned by the Defendants, and that the Defendants want to divide the forest of this case by maintaining the joint ownership relationship.”

Accordingly, as a result of this court's request for surveying and appraisal on the head of the Dong branch office of the Korea Land Information Corporation, the division of the forest of this case was proposed as shown in the annexed Form 1, and the parties also have the third time.

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