logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.12.14 2017가단4573
공유물분할
Text

1. The Plaintiff (Appointed) shall own 661 square meters of the BD forest in Osan-si, and the Appointer shall own 661 square meters of the BE forest in Osan-si.

Reasons

1. Basic facts

A. The plaintiff (appointed party, hereinafter referred to as the "Plaintiff") and the Appointed BF, and the defendants "BI" are clearly written errors of "G", and thus they are corrected.

In addition, the pertinent land is jointly owned by each share in the co-ownership list in the attached Form “co-ownership share prior to partition” with the 661m2, BE forest, 661m2, BG forest, 32,13m2, BH forest, and 20,420m2 (hereinafter “each of the instant land”).

B. The Defendants did not reach an agreement on the method of dividing each of the instant land.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 6, and the purport of the whole pleadings

2. Judgment on the claim for partition of co-owned property

A. 1) Co-owners may file a claim for partition of co-owned property (main sentence of Article 268(1) of the Civil Act). If a consultation on the method of partition does not lead to an agreement on the method of partition, co-owners may file a claim for partition with a court (Article 269 of the Civil Act). Therefore, the Plaintiff and the designated person, co-owners, may file a claim for partition against the Defendants, other co-owners, pursuant to the main sentence of Article 268(1) and Article 269 of the Civil Act

B. The following circumstances are revealed in the above recognition method of partition of co-owned property and the statements in Gap evidence Nos. 4 and 5, namely, the plaintiff and Selected BF specified the part equivalent to 661m2 in the BG forest land in Osan-si BG forest land 53,855m2 prior to the partition on November 1, 2002, and completed the registration of transfer of ownership by 661m25,53 and 661m2 as above. The plaintiff and defendant BF specified the above location as above for the creation of graveyard, etc., and managed part of the above land before the division. The plaintiff and selected managed part of the above land before the division by specifying the location, and the part corresponding to 661m2 in the BG forest land in Osan-si, BG forest land in Osan-si. 53,855m2, and the part corresponding to 661m2 in the BE forest land.

arrow