1. 밀양시 C 임야 12,099㎡ 중 별지 도면 표시 2, 3, 4, 5, 6, 2의 각 점을 순차 연결한 선내 ㈏ 부분 8...

1. Determination as to the cause of claim

A. The fact that the Plaintiff and the Defendant shared (the Plaintiff: 8,066/12,099 shares, the Defendant: 4,03/12,099 shares) as of the land size of 12,090 square meters of C forest land (hereinafter “the instant land”) in Gyeyang-si (hereinafter “the instant land”), and the fact that there was no agreement between the Plaintiff and the Defendant on the method of dividing the instant land does not exist.

B. The principle is that the article jointly owned is divided in kind.

Furthermore, in full view of the result of the commission of surveying and appraisal on the enclosed branch of the Korea Land Information Corporation and the purport of the entire pleadings in this court, the land of this case is located on the slope surface in a rectangular form with a longer vertical length as shown in the attached Form. In addition, in full view of the location, size, land category, the proportion of the original and the Defendant’s co-ownership share, the location of the funeral room for the Defendant, etc., it is reasonable to divide the land of this case in kind as described in paragraph (1) of the attached Form.

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.