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1. Connection each point of 12,793 square meters of forest land in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon in order to connect each point of 1,26,34, 36, 37, and 1 of the annexed drawings.
Reasons
1. The following facts are acknowledged among the Plaintiff, Defendant B, G, H, and N by taking account of the overall purport of the pleadings in each of subparagraphs 1 and 3, and the remaining Defendants except the Plaintiff and the said Defendants are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.
A. The land of this case is jointly owned by the Plaintiff and the Defendants according to their co-ownership shares listed in the attached Table.
B. The Plaintiff and the Defendants did not hold consultation on the method of dividing common property of the instant land by the date of closing the argument in the instant case.
2. Determination as to the cause of the claim is that one ownership of an article is divided in quantity into several persons as a form of joint ownership of the article. Thus, barring any special circumstance, each co-owner has the right to abolish the existing co-ownership by unilaterally claiming a partition of the article jointly owned and to realize a legal relationship for distributing the article jointly owned among the co-owners.
Furthermore, in the method of division, if the parties agree on it at will, the method may be chosen at will, but in the case of dividing the article jointly owned by the court due to the lack of consultation, the court shall divide it in kind in principle.
According to the above facts, the plaintiff, a co-owner of the land of this case, may file a claim for partition of co-owned property as to the land of this case against the defendants who are other co-owners. The method of partition is in line with the evidence examined earlier, Gap evidence Nos. 2, Gap Nos. 3 and 11, and the overall purport of each court's request for appraisal of this case's land of this case, and the location, shape, location of access roads, surrounding circumstances, utilization status, wish of the plaintiff and the defendants, and the relation between the plaintiff and the defendants. In light of various circumstances shown in the arguments of this case, the plaintiff is in line with each point of the items indicated in the annexed drawing No. 1,26, 34, 36