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(영문) 수원지방법원안양지원 2016.11.17 2014가단23209
공유물분할
Text

1. During Ansan-si, each point indicated in the attached Form No. 22, 23, 21, 1, and 22, among the area of Do-gu D Forest land 21026.2 square meters is connected in sequence.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1 and 2 as to the Plaintiff’s claim for partition of co-owned property, it is acknowledged that the Plaintiff, a co-owner of the land of this case, filed a claim for partition of the land of this case against the Defendants, the co-owner of the land of this case, who is a co-owner of the land of this case, as the right holder of 330.58/6158/6158/6158 of the land of this case, and Defendant C, as the right holder of 15124.21/3079/30 of the land of this case, and even until the date of the closing of argument of this case, an agreement on the method of partition of the land of this case was not reached between the Plaintiff and the Defendants. According to the above facts of recognition, the Plaintiff, a co-owner of the land of this case,

2. As a matter of principle, division of co-owned property through a trial on the method of partition of co-owned property is divided in kind to the extent that it is possible to make a rational partition according to each co-owner's share. The records in Gap evidence No. 4 and the field verification result in this court's on-site verification conducted by this court, and the whole purport of pleadings as a result of the request for measurement and appraisal to the Vice Governor of the Korea Land Information Corporation, the following circumstances, namely, ① the parts of the land in this case which combines 1, 22, and 2 of the annexed drawing indication No. 1, 22 of the annexed drawing are adjacent to Gu forest E during the time when it is known as the present situation, and the distance between the points indicated in the above drawing No. 1, 22, and 22 is the same. ② The remaining parts of the land in this case are surrounded by forest land; ③ The only method of entering the land in this case from neighboring land is connected with the above situation, and thus one of them becomes divided into the land in this case's share.

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