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(영문) 대전지방법원서산지원 2016.06.21 2014가단10474
공유물분할
Text

1. Annex 1, 26, 27, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 21, 22, 23, 23, 23, 24, 24, 22, 24, 22, 23, 22, 23, 22, and 3.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant (Appointed Party) and the designated parties (hereinafter the Defendant (Appointed Party) together with the designated parties (hereinafter the “Defendants”) are as follows: “The forest of this case is not more than 12,298m2,00 square meters in Yan-gun, Chungcheongnam-gun; and “the forest of this case”

The Plaintiff is co-owners of the instant forest land. On July 11, 2014, the Plaintiff was awarded a successful bid in the compulsory auction procedure and completed the registration of ownership transfer. The Defendants used the instant forest land from the fleet to the mountain. B. The register of the instant forest land includes that the Plaintiff, the network D, and the network E own 1/3 shares, but the network E was dead on May 29, 1992, and the network D was deceased on March 20, 1984. The inheritance relationship of the instant forest land 1/3 shares due to the death of the network E is as shown in attached Table 3, and the inheritance relationship of the instant forest 1/3 shares due to the network D’s death is as described in attached Table 4. C. Until the closing date of the argument in the instant case, the agreement on division between the Plaintiff and the Defendants on the instant forest was not reached.

2. According to the facts acknowledged prior to the establishment and division method of the right to partition of co-owned property, the agreement on the method of partition between the Plaintiff and the Defendants was not constituted, so the Plaintiff may file a claim against the Defendants for partition of the forest of this case pursuant to Article 269(1) of the Civil Act.

Furthermore, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of pleadings as to the method of subdivision, Gap evidence No. 1, and Gap evidence No. 4, are as follows: ① the Defendants used the forest of this case from the fleet as a mountain mountain, and currently exists in the forest of this case; the forest of this case exists in the forest of this case; the forest of this case exists as a mountain road in the vicinity of 12; ② the forest of this case is divided into a subdivision as claimed by the Defendant (Appointed Party).

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