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(영문) 대전지방법원서산지원 2016.12.14 2015가단10877
공유물분할
Text

1. Of the 71,423 square meters of C forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, each of the items indicated in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff owns 1/5 shares from November 8, 1985 to April 12, 1976, and the Defendant owns shares of 71,423 square meters of C forest land (hereinafter “C forest”) and 40 square meters of D forest land (hereinafter “D forest”).

On April 12, 1976, the registration of ownership preservation was completed in the name of Defendant Jongwon, and the registration of ownership transfer was completed in the name of Defendant on November 26, 2013 and December 30, 2014.

E Forest land 49,732 square meters (hereinafter “E forest”), and the Plaintiff owns 1/4 shares from November 8, 1985 to 3/4 shares from August 11, 1983, respectively.

On August 11, 1983, the registration of ownership preservation has been completed in the name of Defendant Jongwon, and the registration of ownership transfer has been completed in the name of Defendant on July 18, 2008 and November 26, 2013 due to the gift or the termination of title trust.

B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant forest land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, the Plaintiff, a co-owner of the forest of this case, may file a claim for partition against the Defendant, who is another co-owner.

B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind, the auction of the goods can be ordered only when the value might be reduced remarkably. Thus, barring the above circumstances, the court shall order the auction of the goods. Thus, barring such circumstances, the co-owned property is in kind in accordance with the share ratio

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