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(영문) 춘천지방법원 2019.08.16 2018가단4195
공유물분할
Text

1. In the case of the 20,676 square meters of the attached drawing among the 20,000 m20,000 m20,000 m20,000 m20,000,000 m20,000,000 m20,000 m20,000 on the attached drawing, 32,000 m20,000.

Reasons

1. Basic facts

A. On May 25, 2018, the ownership transfer registration was completed on the grounds of inheritance on October 17, 1997, by the Plaintiff, the Defendants, and F, on May 25, 2018, respectively. On the same day, F donated the above 1/4 shares to the Plaintiff, and the Plaintiff shares 1/2 shares and the Defendants shared 1/4 shares, respectively.

B. There is no agreement between the Plaintiff and the Defendants prohibiting the division of the instant forest. As of the date of the closing of argument in the instant case, there is no agreement on the division method of the instant forest.

[Grounds for recognition] Evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts, the Plaintiff, a co-owner of the forest of this case, may request the Defendants, other co-owners, to divide the forest of this case pursuant to Article 269(1) of the Civil Act.

Next, with respect to the method of subdivision, common property is in principle divided in kind. The plaintiff is owned by the plaintiff on the grounds that there are 5,24,25,26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 444, 45, 46, 47, 56, and 55 units of land within 10,38 square meters of land, 35 square meters of land, 15 square meters of land, 25 square meters of land, 34, 15 square meters of land, 15 square meters of land, 25 square meters of land, 30, 45 square meters of land, 15 square meters of land, 25 square meters of land, 15 square meters of land, 25 square meters of land.

3. If so, the forest land of this case is divided in kind as per Disposition No. 1, and the costs of lawsuit are borne individually in consideration of the characteristics of the partition of co-owned property. It is so ordered.

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