(영문) 전주지방법원 2019.02.12 2017가단18318

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(영문) 전주지방법원 2019.02.12 2017가단18318

공유물분할

Text

1. Of the land size of 6537 square meters in Kim Jong-si, the number of pages 1 through 9, 28, 27, 26, 25, 14 through 24 and 1, shall be in sequence.

Reasons

1. In full view of the entry of No. 1 in the requirements for partition of co-owned property, and the purport of the entire pleadings as a result of each request for measurement and appraisal with respect to the Korea Land Information Corporation Kim Jong-dong branch of this court, the registration was made on June 25, 2018, the area of which was 6537 square meters in Kim Jong-si, and 6537 square meters in size.

(hereinafter referred to as “the forest of this case”) can be recognized that the Plaintiff shares 22/29 shares, the Defendant shares 7/29 shares, and the Defendant did not reach an agreement on the method of partition between the Plaintiff and the Defendant. As such, the court shall render a judgment dividing the land of this case upon the Plaintiff’s claim for partition of co-owned property.

2. Method of partition of co-owned property;

A. The principle of partition of co-owned property is divided in kind, and the area of land acquired by co-owners, in principle, shall be equal to the ratio of the co-owned share if land is divided. In such cases, economic value shall be equal in light of the shape, location, utilization situation, etc. of the land.

B. In light of the fact that the result of each request for surveying and appraisal against the Korea Land Information Corporation Kim Jong-dong and the overall purport of pleadings and the circumstances acknowledged thereby, namely, the result of surveying and appraisal by the Defendant’s request corresponds to “the method of in-kind division agreed between the Plaintiff and the Defendant from February 1, 2018 to February 9, 2018,” which was more consistent with the result of surveying and appraisal by the Plaintiff’s request, it is reasonable to divide the portion of 4959 square meters in the inside line, which connects the respective points of the attached Form 1 drawings among the instant forest land, into the Plaintiff’s ownership, and the portion of 1578 square meters in the line, which connects each point of the said land in sequence, 9 through 14, 25 through 28, and 9.

3. In conclusion, this case’s forest land shall be divided as above and decided as per Disposition.

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