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(영문) 수원지방법원평택지원 2015.11.13 2013가단19392
소유권이전등기
Text

1. 12,692 square meters in the Gyeonggi-gun U.S., 496 square meters in the V forest, 331 square meters in the W forest, 13,225 square meters in X forest, and 231 square meters in the forest;

A. X 13.

Reasons

1. The Plaintiff and Defendants shared each of the lands listed in paragraph (1) of this case (hereinafter “each of the lands of this case”), and the fact that the Plaintiff and the Defendants did not reach an agreement on the partition method of each of the lands of this case, which were jointly owned by the closing date of pleadings in this case, does not conflict between the parties, or that the agreement on the partition method of each of the lands of this case was not reached between the parties, by adding the whole purport of the pleadings to the respective entries

According to the above facts of recognition, since the Plaintiff, a co-owner of each of the instant lands, and the Defendants did not reach an agreement on the method of division, the Plaintiff may file a lawsuit against the Defendants, who are other co-owners, as a lawsuit pursuant to Article 269(1) of the Civil Act, barring special circumstances.

2. Method of partition of co-owned property;

A. Division of the article jointly owned can be decided by the parties at their discretion, but if the article jointly owned is divided by a trial due to the failure to reach agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the auction of the article can be ordered only when the value of the article might be significantly decreased. In this case, each of the land in this case is divided by the method of spot-sale, as there is no special circumstance as seen above.

B. The following circumstances, namely, U.S. Forest No. 12,692 square meters, which are the land of this case, are used and profit-making exclusively by specifying Defendant B, C, and D as dry field, and V forest land No. 496 square meters, are Defendant T, W forest land No. 331 square meters and forest land, which are forest land No. 331 square meters, which are forest land, which are forest land, where there is no dispute between the parties, or where the testimony of witness Z and the result of the on-site inspection by this court was added to the overall purport of the pleadings.

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