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(영문) 청주지방법원 제천지원 2018.11.07 2018가단400
공유물분할
Text

1. With respect to H 12,020 square meters of forests and fields incheon-si, each point indicated in the annexed Form 1, 2, 42, 47, and 1 shall be connected in sequence.

Reasons

1. The plaintiff and the defendants are co-owners of the forest of this case.

The Plaintiff, Defendant B, C, D, and G own each share of 13/85 of the instant forest land, and Defendant E, and F own each share of 10/85 of the instant forest land.

The Plaintiff and the Defendants did not agree not to divide the forest land of this case, and there was no consultation about the method of dividing the forest land of this case.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the forest of this case, may file a claim for partition against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

B. In light of the methods of partition of co-owned property in Gap evidence Nos. 1 through 6, the results of appraisal commission to the branch office of the Chungcheong District Headquarters of the Chungcheong District Headquarters of the Republic of Korea, and the nature, location, size, utilization situation, and use value after division, etc. of the forest of this case, which are co-owned properties that can be known by comprehensively taking account of the overall purport of the pleadings, etc., part (A) 1,838 square meters connected each point among the forest of this case, among the forest of this case, are owned by the plaintiff, and the part (B) 1,838 square meters connected each point of the annexed drawing Nos. 1 2 through 42, and 10,182 square meters connected each point of the annexed drawing No. 1 are the most fair and reasonable division method.

However, in relation to the above (B), if the Plaintiff’s share (13/85) is distributed to the Defendants according to the Defendants’ share ratio, the Defendants’ share shall be calculated as shown in the attached Table 2 as follows:

1) Defendant B, C, D, and G: 13/85 169/6,120 = 1,105/6,120 = 221/1,224 = 221/1,2242) Defendant E, and F: 10/85 130/6,120 = 130/6,120 = 850/6,120 = 170/1,224

3. Conclusion, the forest land of this case is reasonable to be divided in kind, and it is so decided as per Disposition.

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