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(영문) 대구지방법원 포항지원 2018.11.20 2017가단104413
공유물분할
Text

1. With respect to the land of 23,132 square meters in the North-gu Twit-gu Twit-gu Pohang-si, the appraisal map indicated in attached Form 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 1.

Reasons

1. At the time of porting based facts, 92/32132 shares in the 992/32/32132 shares in the North-gu T forest T (hereinafter “instant forest”) were owned by U, and V in the 31140/32132 shares.

On July 14, 2017, the Plaintiff sold 31140/32312 shares owned V among the forest of this case as a compulsory auction and completed the registration of ownership transfer in its future.

U died on July 14, 1994, and the Defendants are U’s inheritors. As regards U’s share in the forest of this case, the inheritance share of U by Defendant is identical to that of the final inheritance share in the attached Form No. 1. 1.

Until the closing date of the instant case, there was no division consultation between the Plaintiff and the Defendants on the instant forest.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Since the Plaintiff, a co-owner of the instant forest land, and the Defendants did not reach an agreement on the method of partition, the Plaintiff has a co-ownership right against the Defendants, based on the co-ownership right.

The partition of co-owned property is in principle divided in kind. In light of the relationship between the Plaintiff and the Defendants’ use of the instant forest, the location of the cemetery in the Defendants’ boat, the share ratio of the Plaintiff and the Defendants’ co-ownership, etc., the appraisal of the instant forest in attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 11 are owned by the Plaintiff as part 31,140 square meters for each portion of the instant forest in sequence connected each of the items in attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 31,40 square meters for each portion of the instant forest in which the graveyard in the Defendants’ boat’ boat is located, and it is reasonable to divide it into the ownership of the Defendants according to

3. According to the conclusion, the Plaintiff’s claim of this case shall be determined as above.

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