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(영문) 의정부지방법원고양지원 2017.07.19 2016가단77052
공유물분할
Text

1. The portion on board (A) connected each point in sequence with each point of the following forests (1), (2), (9), (1) out of the area of 164 square meters of E forest in Pakistan-si:

Reasons

1. At the time of the strike of basic facts, E forest land E 1646 square meters (hereinafter “the instant forest”) was registered on July 5, 191, and thereafter, the ownership transfer registration was transferred on May 10, 200 to C, Defendant B, Defendant A, etc. by dividing the shares, and the shares were transferred on May 10, 200. As to some shares of B, etc., the Plaintiff was sold on December 9, 2015 in the auction procedure, and some shares were transferred upon the sale of the shares of B, and the agreement was made between their successors upon the death of C, and the shares at the time of the closing of argument are as follows:

The form of the forest land of this case in this case is as shown in the separate sheet. The right side of the forest land of this case in this case is as follows: Defendant D’s land (G) and a warehouse building is located on its ground.

【Ground for Recognition: Each entry of Evidence A 1 to 5】

2. The parties' assertion

A. The Plaintiff’s assertion shall be preserved in a planned management area or natural forest condition, and shall be divided in cash.

In addition, the plaintiff wishes to make four proposals from among the annexed bills of subdivision.

B. The Defendants asserted that the Defendants’ assertion may be divided as in the attached Form No. 1 and concession up to three bills.

3. Determination

A. In principle, the partition of co-owned property according to a judgment shall be divided in kind as long as a reasonable partition can be made according to the share of each co-owner, but in the payment division, the requirement does not physically be interpreted strictly. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location or size of the co-owned property, the situation of its use, the use value after the partition, etc.

In addition, even if a co-owner's property is divided in kind, if the value of the property is likely to decrease significantly, the value of the property is likely to decrease significantly.

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