logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2021.01.14 2020가단314
공유물분할
Text

1. Of the 13,587 square meters of E forest land in Si/Gu, the attached appraisal maps are linked in sequence to each point of 1,2,3,4,5,6,7,7,8, 21 and 1.

Reasons

1. The Plaintiff is co-owners who own 40/168 shares of E forest E, 13,587 square meters (hereinafter “the instant forest”) in Si/Gun, and Defendant B is co-owners who own 84/168 shares, and Defendant C and D own 22/168 shares, respectively.

[Ground of Recognition] Defendant B, D: Judgment deemed to be a confession (Article 208(3)2 of the Civil Procedure Act) Defendant C: Judgment by means of public disclosure service (Article 208(3)3 of the Civil Procedure Act)

2. Determination

A. As seen earlier, the Plaintiff and the Defendants shared the forest land of this case. The fact that there was no dispute between the parties or that there was no agreement on the division of the forest land of this case between the Plaintiff and the Defendants on the division of the forest land of this case is recognized by the purport of the entire pleadings. Thus, the Plaintiff may file a claim against the Defendants for the division of the real estate of this case pursuant to Article 269(1) of the Civil Act.

B. According to the method of dividing jointly-owned property 1), the instant real property is divided in kind in principle by the method of dividing it in kind. In light of all the circumstances, such as the type, location, use situation of the instant forest recognized by the commission of appraisal to the official branch of the Korea Land and Information Corporation, the parties’ intent and the developments leading up to the current sharing of the instant forest, the attached appraisal among the instant forest is owned by the Plaintiff with a portion 3,235 square meters in order of each point of 1,21,21,8,8,9 through 20,352 square meters in line with each point of 3,235 square meters in line with the indication of the said drawing, and in light of the following circumstances: (a) the shape, location, and use situation of the instant forest recognized by the overall purport of the appraisal commission to the official branch of the Korea Land and Information Corporation; and (b) the relevant forest land in this case’s current sharing status; (c) it is reasonable to view that the Defendants own or share the equivalent economic value of each of the instant forest in proportion as the Defendants’ share.

3. Conclusion, the Plaintiff’s claim of this case is above.

arrow