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(영문) 대전지방법원 홍성지원 2017.04.26 2016가단4112
공유물분할
Text

1. Of the 12,235 square meters of R forest land in Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, the appraisal map No. 13, 2, 3, 4, 5, 14, and 13 are successively connected to each point.

Reasons

1. Facts of recognition;

A. On April 3, 1981, S, T, U, V, and Defendant B completed registration of preservation of ownership in each of 1/5 shares of the forest land listed in the Disposition No. 1 (hereinafter “the forest of this case”).

B. On July 22, 2015, the Plaintiff completed the registration of transfer of ownership on the portion of 1/5 out of the instant forest land by reason of voluntary auction.

C. As S, T, and V died, the Defendants, the inheritor, succeeded to the shares of the instant forest land as follows.

The heir (shares) heir (shares) S(1/5) C(3/55), D(2/55), E (2/55), F (2/55), G (2/5), G (2/5), H (1/65), I (2/65), J (2/65), K (2/65), L (2/65), M (2/65), M (2/65), N(2/45), N3/45, P (2/45), Q (2/45), and Q (2/45)

D. Meanwhile, there was no agreement between the Plaintiff and the Defendants on the method of dividing the pertinent forest land into common property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

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

Furthermore, in light of the following circumstances, comprehensively taking into account the following circumstances as to the method of division: (a) the Defendants are composed of the inheritors of Defendant B and Defendant B; (b) the Plaintiff’s assertion of spot-type division, such as the Plaintiff’s written order No. 1, the Defendant H, I, J, K, L, and M consented; and (c) the remaining Defendants except Defendant P and Q, which were served by public notice, do not present any opinion. In light of the following circumstances, it is reasonable to divide the forest of this case as described in Paragraph (1) of the same Article.

Therefore, it is so decided as per Disposition.

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