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(영문) 수원지방법원 여주지원 2018.03.08 2017가단52929
공유물분할
Text

1. On board a ship which connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, and 1 among the 20,985 square meters of C Forest land in the doju-si.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant own 1/2 shares of C Forest land 21,124 square meters (hereinafter “instant land”).

B. As a result of the survey and appraisal by the Korean Land Information Corporation, the instant land was surveyed with a size of 20,985 square meters as shown in the attached Form.

C. The instant land is a blind land that has no access road connected to the public road, and is located in an agricultural and forest area under the National Land Planning and Utilization Act, a preserved mountainous district under the Mountainous Districts Management Act, and a mountainous district for forestry use and a nature conservation zone under the Seoul Metropolitan Area Readjustment Planning Act.

No agreement was reached between the Plaintiff and the Defendant regarding partition of co-owned property until the closing date of the instant argument.

[Based on Recognition: Statement No. 1 through 3; Record No. 1 through 3; Results of a request for surveying and appraisal and purport of all pleadings to the branch offices of the National Land Information Corporation in this Court]

2. Determination

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

B. In light of all circumstances such as the Plaintiff’s co-ownership relation with the land of this case, the location, shape, size, use relation of the land of this case, whether the land was closed after the partition, and the Defendant’s intention (which did not present any opinion as to the method of partition in kind presented by the Plaintiff), it is reasonable to divide the land of this case as stated in paragraph (1) of the Disposition.

3. In conclusion, we decide to divide the instant land between the Plaintiff and the Defendant as above and decide as per Disposition.

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