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(영문) 대구지방법원 상주지원 2017.01.25 2015가단3821
공유물분할
Text

1.(a)

A ship that connects each point of the attached Form 1 through 9 and 1 among the 21,178 square meters of land in the Si-Gyeong-si.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are co-owners of each of the 1/2 equity shares in C forest land 21,178 square meters and D forest land 196 square meters (hereinafter collectively referred to as “land in this case”, and in case of individual names, only the parcel number is specified).

B. The trade name of each of the above real estate shall be as listed in the annexed Form 2 drawings.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including each number, hereinafter the same shall apply), Gap evidence 12, the purport of the whole pleadings

2. The assertion and judgment

A. As a litigation for partition of co-owned property, it is the litigation for formation, which means that the subject matter of co-ownership is the subject matter of sole ownership through the exchange or sale of shares between co-owners, and the court shall resolve the co-ownership relation with the subject matter. As such, the court shall make a reasonable partition according to the proportion of shares of co-owners depending on the co-ownership relation or the overall circumstances of the subject matter, not by the method requested by the claimant for partition of co-owned property but by free discretion (see, e.g., Supreme Court Decision 2011Da24104, Aug

1) In the instant case, the following circumstances may be recognized if the purport of the entire pleadings is added to the basic facts, each of the evidence as mentioned above, evidence as evidence Nos. 3, and evidence Nos. 5 through 12, and the entire purport of the pleadings as a result of the on-site inspection conducted by the instant court. ① Land in the instant case is a forest that is frequently seen by us through the national highways, and its size is reasonable, and there is no status on how the Plaintiff and the Defendant used it as of the date of closing argument in the instant case. ② Subsequent to the instant dispute, land in the instant case, namely, land Nos. 1(a) and (c) is not a situation on how the Plaintiff and the Defendant particularly used it, etc.

A. There are adjoining lands, and each of the above lands is real estate owned by J, a corporation whose representative director is the plaintiff or the plaintiff.

3. The J Co., Ltd. may construct a new factory on the separate land of the Plaintiff.

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