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(영문) 의정부지방법원고양지원 2020.04.29 2019가단89445
공유물분할
Text

1. Of the 12,793 square meters of land AC forest in Gyeyang-gu, Seoyang-gu, Yangyang-si, Yangyang-si, the attached appraisal marks 1-13, 45, 29-44, and 1 are linked in sequence.

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant share forest land as stated in the disposition of this case (hereinafter “the forest land of this case”).

The plaintiffs' shares are as shown in the separate sheet of co-ownership ① the shares before division, and the defendant's shares are 1/4.

B. The Plaintiffs proposed to divide the forest of this case into the Defendant, but did not reach an agreement on the method of division.

C. The other side of the instant forest land shall be provided with Defendant Shipbuilding’s grave in the part of the instant forest land.

[Reasons for Recognition] Unsatisfy, Gap evidence No. 1-9, the purport of the whole pleadings

2. Determination

A. Since there was no agreement on the method of partition between the plaintiffs and the defendant, who are co-owners of the forest of this case and the defendant, the plaintiffs have the right to partition of co-owned property as to the forest of this case against the defendant based on their co-ownership right.

B. The method of dividing jointly-owned properties is divided based on the size of the Defendant’s shipbuilding graves located in the instant forest, the share ratio between the Plaintiffs and the Defendant, the location, size, and use of the instant forest, and the share ratio between the Plaintiffs and the Defendant. In full view of the fact that it is necessary to maintain the Defendant’s grave as the part owned by the Defendant, and that the Plaintiffs intended to maintain the jointly-owned relationship, it is reasonable to divide it as described in paragraph (1) of this Article.

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