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(영문) 수원지방법원여주지원 2017.08.24 2016가단9669
공유물분할
Text

1. Forest land of 1190 square meters in Gyeonggi-do;

(a)board which connects each point of the Annex 1, 2, 3, 4, 9, 1 in sequence.

Reasons

1. Facts of recognition;

A. As to the 1190 square meters of G forest land in Gyeonggi-gu, Gyeonggi-do (hereinafter “instant land”), K owns 5/26 shares, Appointors H, I, J, and Plaintiff (Appointed) shares, 2/26 shares, 2/34 shares, 6/34 shares, 1/34 shares, 1/34 shares, 4/34 shares, 4/34 shares, and 4/34 shares, respectively.

B. The instant land is located in a planned control area under the National Land Planning and Utilization Act, quasi-permanent conservation area under the Mountainous Districts Management Act, and a nature preservation area under the Seoul Metropolitan Area Readjustment Planning Act, and is passing through the road along the line that connects the point of the indication of the annexed drawings among the said land, including 1,9,8,7, etc., and is currently being used as a dry field.

C. There was no agreement on partition of co-owned property between the Plaintiff (Appointed Party) and the designated parties, and the Defendants on the date of closing argument in the instant case.

【Legal Basis for Recognition: Records or images of Evidence A (including the number of pages) 1 through 4, the result of the request for surveying and appraisal by this court, and the purport of the whole pleadings]

2. Determination

A. According to the above facts acknowledged as above, the plaintiff (appointed party) and the designated parties, who are co-owners of the land of this case, may file a claim for partition of the land against the defendants who are other co-owners.

B. In full view of the circumstances revealed in the pleading process, such as the share ratio of the Plaintiff (Appointed Party) and the designated parties and the Defendants’ respective co-ownership ratio, the location, shape, size, use relationship, whether the land was closed after the partition, and the Defendants’ act of dividing the land in kind as indicated in the order presented by the Plaintiff (Appointed Party) in the above recognition process, it is reasonable to divide the land in this case as stated in Paragraph (1) of the Disposition.

3. Accordingly, the instant land is owned by the Plaintiff (Appointed Party) and the designated parties, and the Defendants.

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