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(영문) 수원지방법원 여주지원 2018.12.19 2017가단51216
공유물분할
Text

1. A ship which connects 10,435 square meters of J-forest and each point in order of 1,35, 31 to 34, and 1 of the annexed appraisal sheet in E-Si, Leecheon-si.

Reasons

1. Facts recognized;

A. The Plaintiff, a co-owner of the instant forest land, sought the division of the instant forest land to the Defendants, and the Plaintiff and the Defendants did not reach an agreement on the method of division.

B. The Plaintiff sought a co-owned property partition method in which the Defendants jointly own the part “1” in the attached Form No. 1, and the part “B” was jointly owned by the Defendants.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of this court's request for surveying and appraisal to Leecheon-han branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff, as co-owner of the instant forest land, may file a partition claim against the Defendants, who are other co-owners. As seen earlier, the parties did not reach an agreement as to partition of co-owned property. Thus, the Plaintiff’s claim seeking resolution of co-ownership relation is with merit.

B. Co-owned property partition by judgment on the method of partition is in principle by the method of in-kind partition as long as it is possible to make a rational partition according to each co-owner’s share. In light of the location, shape, and size of the forest of this case, the share ratio of the parties concerned, most Defendants did not dispute over the method of partition of co-owned property desired by the Plaintiff, it is reasonable to divide the forest of this case in kind according to the method like the order

3. The decision is delivered with the assent of all participating Justices, on the ground that the plaintiff's claim is well-grounded.

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