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(영문) 전주지방법원정읍지원 2016.10.13 2014가단7160
공유물분할
Text

1. 13,788 square meters of I forest land in Jung-Eup/Myeon;

(a) Indication 1, 20, 21, 22, 23, 24, 25, 26, 27, 28, 28, 30, 31, 32, 22, and 1-1 of the annex drawings;

Reasons

1. Facts of recognition;

A. The Plaintiff, Defendant G, and J share 1/4 shares, Defendant B’s share, Defendant C/44 shares, Defendant C, D, E, and F share 2/4 shares, respectively.

(K) On the certified copy of the register, K, a 1/4 equity right holder, died before the instant lawsuit was filed, and the Defendant C, D, E, and F, the wife, succeeded to the shares of the instant land by inheritance shares, and there is no assertion or proof that the agreement on the division of inherited property was reached among them). (B)

Before the filing of the instant lawsuit, no agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant land.

[Grounds for recognition as to the remaining Defendants except Defendant C] Each entry in Gap evidence 1-3 (including branch numbers) and the purport of the whole pleadings [based on recognition as to Defendant C] Article 208(3)3 of the Civil Procedure Act (by service by public notice)

2. Determination

A. The Plaintiff sharing the instant land and the Defendants did not reach an agreement on the division of jointly owned property, and there is no assertion or proof by the Defendants as to the existence of an agreement on the prohibition of partition under the proviso of Article 268(1) of the Civil Act. Therefore, the Plaintiff may claim against the Defendants the division of the instant land in accordance with Article 269(1) of the Civil Act.

B. In full view of the shape, purpose and purpose of use of the instant land, the present situation, the parties’ intent, etc., which is acknowledged as a comprehensive result of appraiser L’s appraisal, it is reasonable to divide the method of division into the form in kind as indicated in the text, in light of the following:

In the part owned by the Defendants, there is a grave of the Defendants, and there is no assertion by the Defendants as to the specific method of subdivision desired by the Defendants, and the Defendants are divided in accordance with the method asserted by the Plaintiff.

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