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(영문) 수원지방법원여주지원 2019.06.19 2018가단789
공유물분할
Text

1. 3,144 square meters of K forest in Leecheon-si;

(a) Description 1, 2, 26, 27, 28, 29, 29, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 17;

Reasons

1. In the event of the occurrence of the right to partition of co-owned property, K forest land 3,144 square meters (hereinafter “instant land”) share 1,265/3,498 shares, Defendant B’s 2,097/3,498 shares, and the remaining Defendants except Defendant B share 17/3,498 shares, respectively, and no agreement was reached among them on the method of partition of the instant land.

Therefore, the Plaintiff, a co-owner, may claim a partition of the instant land against the Defendants, other co-owners.

[Ground of recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings

2. The method of partition of co-owned property, evidence Nos. 2 and 3, and the result of measurement, appraisal, commission of appraisal, and purport of whole pleadings against the branch offices of the Korea Land Information Corporation in this court.

There is no objection by the Defendants as to the method of division as stated in the order presented by the Plaintiff, and the area or share of each corresponding part to be divided to the Defendants is not disadvantageous in light of the respective shares of the Defendants.

In full view of all the circumstances revealed in the arguments in this case, including the location of the land in this case, the utilization status, and the attitude of the parties, the portion of "1" 2,180 square meters out of the land in this case excluding the portion of "1,26,27,28,29,7,7,8,9,10,11,12,13,14,15,16,17,17,18,19, and 11 in sequence connected each point of the attached table 20,21,22,23,24,25,20 among the land in this case, and the part of "1,180 square meters," excluding the portion of "162 square meters prior to Y," 2,180 square meters among the land in this case, are owned by the defendant B, 3,30,67, 29, 28, 27, 28, 27, and 20

3. In conclusion, each land of this case is divided as above and it is so decided as per Disposition.

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