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(영문) 전주지방법원 2017.10.25 2016가단25111
공유물분할
Text

1. Of the forest E- 119,008 square meters in 1,2,3,4,5,6,7,7,8,9,9,10,12,13,14,15,16,17,17,200 square meters in the attached table among forest E- 119,008 square meters in the previous Jinandong-gun, North Korea;

Reasons

1. Facts of recognition;

A. The land listed in Paragraph 1 of the Disposition (hereinafter “instant land”) shares the Plaintiff’s share of 1/18 shares, 5/18 shares, 6/18 shares, 6/18 shares, and 6/18 shares in the net G. The network G remains as the bereaved family on July 26, 2006 and dies, and the shares of the Plaintiffs, Defendant C, Defendant C, Defendant (Appointed Party) and the remaining designated parties are as follows.

Co-owners’ co-ownership 54, Plaintiff A 32/54, Plaintiff B 153/154, Defendant C54, Defendant C54, Defendant C 6/654, Defendant H 54, Defendant I 47/54, Defendant I 54, respectively.

B. As of the date of the closing of the instant argument, there was no agreement on the method of dividing the instant land between the Plaintiffs, Defendant C, Defendant (Appointed Party) and the designated parties.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the facts found as above, the Plaintiffs, co-owners, may claim partition of the instant land pursuant to the main sentence of Article 268(1) of the Civil Act against Defendant C, Defendant (Appointed Party) and Appointors, who are other co-owners.

B. Division of the method of partition of co-owned property is in principle divided in kind by the court in the case where the co-owners voluntarily choose the method, but if the co-owned property is divided by the judgment because the agreement is not reached.

(see, e.g., Supreme Court Decision 2004Da10183, Jul. 22, 2004). The following facts can be acknowledged in full view of the following facts, i.e., each statement or image of 1, 2, 3, 1-1, 1-2, and 1-2, and the entire purport of pleadings as a result of the survey and appraisal entrusted to the Korea Land Information Corporation.

① The Plaintiffs are married couple, the Defendant C, the Defendant (Appointed Party) and the designated parties.

② The instant land is set aside in South and North Korea.

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