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(영문) 의정부지방법원 2018.02.01 2017나209076
공유물분할
Text

1. The judgment of the court of first instance is modified as follows.

In the case of Pakistan-si, E 1646 square meters of forest land, annexed drawings 1, 2, 100 square meters, 9.

Reasons

1. Basic facts

A. On July 5, 191, the ownership transfer registration was made in F on the forest land of this case, and thereafter the division of common property was made on May 10, 200, and shares were transferred to C, Defendant B, Defendant A, H, and I on December 20, 201. The shares were transferred from H and I on December 20, 201.

B. After that, the Plaintiff purchased the instant forest land on December 9, 2015 in the voluntary auction procedure with respect to part of B’s share on the instant forest land. On September 23, 2016, when the instant lawsuit was pending, the Plaintiff purchased the instant forest land on September 23, 2016, which was subject to consultation and division among heirs, including Defendant D, as of September 23, 2016, and as at the time of closing argument of the instant case, the Plaintiff owned 1036/612 shares, 305/6612 shares, 46/6612 shares, 2105/612 shares, and Defendant D owned 2105/612 shares

C. The form of the forest of this case is as shown in the annexed drawings, and there is a land (J in the Pakju City) and a warehouse building on the ground of the forest of this case on the right side of the forest of this case

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion shall be divided in accordance with the annexed drawing Nos. 2, and if the forest is not divided as above, the forest of this case shall be divided by the method of payment in installments.

B. The forest land of this case asserted by the Defendants shall be divided as shown in the annexed Form 1.

3. Determination

A. According to the above facts acknowledged, the Plaintiff and the Defendants shared the forest of this case, and the Plaintiff and the Defendants did not reach an agreement on the method of partition. Thus, the Plaintiff, co-owner, based on his co-ownership right pursuant to Article 269(1) of the Civil Act, may file a claim against the Defendants for the partition of the forest of this case, which is jointly owned.

B. Division of the relevant legal doctrine regarding the method of partition of the article jointly owned by the co-owners may choose the method at will if the co-owners reach an agreement, but the agreement will be reached.

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