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(영문) 전주지방법원군산지원 2015.01.30 2013가단1155
토지분할
Text

1. The plaintiff shall sell G forest land G to auction at the 7592m2m2 in the following city, and the remainder after deducting the auction cost from the price.

Reasons

1. Since the following facts are acknowledged in full view of the entry of evidence No. 1 and the purport of the whole pleadings, the plaintiff can file a claim for partition of the land in this case, which is jointly owned by the defendants.

G Forest land G 7592m2 (hereinafter “instant land”) was owned by H, I, Defendant B, and C in proportion to one-fourths, respectively.

On January 17, 2013, the Plaintiff was awarded a successful bid of 1/4 shares of I out of the instant land and completed the registration of ownership transfer.

H died on February 9, 2012, and Defendant D, E, and F are their children.

There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

2. In full view of the following circumstances acknowledged as a result of expert evidenceJ and K’s appraisal, it is reasonable to deem that the instant land constitutes a case where it is difficult or inappropriate to divide it in kind.

The land in this case is flat in part of the south side andwest side of the land in the irregular form, but instead, the North Korean trend is replaced by a full slope.

approximately 80.5% of the land of this case is about 3.5% of the land of this case which is developed and used as " Jeon," and approximately 16% of the land is forests and fields related to non-permanent and the defendant's clan graves.

As the instant land is designated as a planned control area, it is possible to be used for purposes other than farming purposes.

If divided as alleged by Defendant B and C, the attached appraisal to be reverted to the Plaintiff can not be used for purposes other than farming because the width of the land indicated in the “G” portion is narrow, and the value of the land for the purpose of farming would be significantly reduced.

In light of the location, management status, etc. of each grave, it is difficult to see the appropriate division method to artificially divide each grave (in particular, a grave without delay) as alleged by the aforementioned Defendants.

Plaintiff

If it is divided as alleged, the attached appraisal to be reverted to the plaintiff shall also be indicated.

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