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(영문) 대구지방법원 2019.12.12 2019나305234
공유물분할
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The instant land is indicated as having obtained the ownership transfer registration in accordance with the old forest register for the instant land prepared at the time of Japanese colonial occupation as unregistered land.

B. 1) The I got married to and married with K, and I and K were declared missing on November 19, 2016 due to the expiration of the period of disappearance on December 31, 194 (Seoul Family Court Decision 2015Ra6969), and L died on December 4, 1950 (the Seoul Family Court Decision 2015Ra69), and L died on December 30, 206. (2) L was married to and married with M, and the N was declared missing on November 19, 2016 (the Seoul Family Court Decision 2015Ra6959), and M died on March 30, 206.

C. On October 29, 1958, prior to the enforcement date of the Civil Act, the J died on October 1, 1960, and on September 10, 1958, 1958, P, a long-term grandchild, died on September 10, 1950, and P, on August 30, 1959, inherited Australia. P, on August 30, 1959, died in an unmarried status, and Q, a father-in-child succeeded to Australia. Q was a child, and Q was a child and died on October 29, 2004, while Q was a spouse F and Defendant G, and Q died on June 14, 2006.

In order to divide the instant land as stated in the purport of the claim in the first instance court, the Plaintiff filed an application for appraisal to specify the portions of the attached drawing, and the first instance court entrusted the survey and appraisal of the instant land. However, the head of the Korea Land Information Corporation, Youngcheon Branch, Korea National Land Information Corporation, sent a reply that it is impossible to conduct a cadastral survey as a forest where the instant land is concentrated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, and 7, and the result of the first instance court's request for appraisal and response to the branch offices of the Korea Land Information Corporation, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was co-ownership of J and the instant land, and the Plaintiff succeeded to the I’s co-ownership of the instant land from the I.

Therefore, the Plaintiff, as co-owner of the instant land, filed a claim for partition of co-owned property against the Defendants, who are co-inheritors of J.

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