logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원영월지원 2015.09.16 2015가단1616
공유물분할
Text

1. The Plaintiff’s ownership of KRW 1,405 square meters for D forest land in Gangseo-gun, Seowon-gun, and the E forest land 1,154 square meters is owned by Defendant B, and the F forest land is 60 square meters.

Reasons

1. Facts of recognition;

A. The Plaintiff’s ownership transfer registration under the Plaintiff’s name was completed on May 21, 2003 due to sale and purchase as of May 15, 2003 with respect to the portion of 1405/2619 shares, which was originally owned by G. The ownership transfer registration under Defendant B was completed on May 21, 2003 with respect to the portion of 1154/2619 of the land before subdivision on May 21, 2003. The ownership transfer registration was completed on May 15, 2003 with respect to the portion of 60/2619 of the land before subdivision on September 8, 2006.

B. On June 23, 2010, the land prior to the subdivision was divided into 1,405 square meters for D forest land, E forest land, 1,154 square meters for forest land, and 60 square meters for forest land for F forest.

(hereinafter referred to as “each land of this case”)

On July 22, 2011, with respect to the 60/2619 portion of the land in this case, the registration of transfer of ownership in the name of the defendant C was completed due to the sale by compulsory auction on July 22, 2011.

Plaintiff

The Defendant B did not reach an agreement on the method of dividing each of the instant lands.

[Ground for recognition] Defendant B: A without dispute, entry of Gap evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings: Defendant C: Articles 208(3)2 and 150(3) (i) of the Civil Procedure Act; hereinafter the same shall apply)

2. Determination

A. According to the above recognition facts, the Plaintiff, a co-owner of each of the lands of this case, may claim the partition of each of the lands of this case against the Defendants, the other co-owners.

B. According to the purport of Gap evidence No. 2 of the division method and the whole pleadings, the defendants and H have prepared and delivered a written consent to the land before division to the plaintiff, and the plaintiff, H, and defendant B shall own share.

arrow