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(영문) 창원지방법원거창지원 2020.06.02 2017가단1726
공유물분할
Text

1. Of the land size 161,157 square meters of AK forest in Gyeongcheon-gun, Gyeongcheon-gun, A. 119, 226 through 230, and 111 through 119, the annexed drawings were connected in sequence;

Reasons

Facts of recognition

A. The Plaintiff and the Defendants are Plaintiff 200/1625, Defendant B93/1625, Defendant C10/1625, Defendant D10/1625, Defendant E-3/1625, Defendant E-3/1625, Defendant E-3/1625, Defendant G 13/1625, Defendant H 140/4875, Defendant I 140/4875, Defendant J 140/4875, Defendant C-10/1625, Defendant L10/1625, Defendant A20/1625, Defendant C-16/625, Defendant C-16/625, Defendant C-16/65, and C-16/65, respectively, and at the rate of 10/1625, Defendant C-10/1625, Defendant C-5/1625, Defendant C-16/1625, and C-5/6/1625/6/625, respectively.

B. The Plaintiff and the Defendants did not reach an agreement on subdivision of the instant land, and there was no agreement on subdivision prohibition.

[Ground of recognition] According to the above facts of recognition of confession (Article 150(1) and (3) of the Civil Procedure Act), the Plaintiff, a co-owner of the land of this case, may claim a partition of the real estate of this case against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act

As to the method of partition, it is reasonable to divide the method as described in paragraph (1) of this Article in light of the health belt, the location of Defendant B’s ancestor graves in the instant land, the location of Defendant clan’s ancestor graves, the share ratio between the Plaintiff and the Defendants, the location, area, and current use of the instant land.

In light of the characteristics of the partition of co-owned property litigation, litigation costs shall be borne according to the co-owned share ratio.

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