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(영문) 대전지방법원 홍성지원 2018.09.04 2018가단2516
공유물분할
Text

1. The above T forest land of 10,413 square meters and U forest of 59,009 square meters is owned by the Plaintiff, and the above U.S. forest of 10,413 square meters is owned by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit of partition of co-owned property against Defendant 1 through 17, and V, who was the co-owners of the land before partition under this Court Decision 2016Da6118, which was the co-owners of the instant land before partition, under 2016Da6118.

B. On November 15, 2017, the above court rendered a judgment to the effect that “The portion of (B) 10,413 square meters in the attached Table No. 20,8, or 20 shall be owned by the Plaintiff (the Plaintiff) and the attached appraisal No. 1 through 8,20, or 32, or 1 shall be divided into the portion (A) in the ship connected with each of the points in the attached Table No. 1 through No. 8, 20, or 32, or 1, the attached appraisal No. 59,009 square meters in the order of each point in the attached Table No. 2 shall be jointly owned by the Defendants (the Defendants 1 through 17, and 5)” was finalized as it is,

(hereinafter referred to as “pre-trial civil case”). (c)

Since then, on January 29, 2018, the land before subdivision was divided into 10,413 square meters of land (hereinafter “1 land”) and 59,009 square meters of U forest land (hereinafter “2 land”). However, prior to the conclusion of pleadings in the previous civil case, the above V donated the ownership of the land before subdivision to Defendant S, thereby failing to make a partition of co-owned property, such as the previous civil case, and again, the Plaintiff and the Defendants shared each land under Articles 1 and 2.

On the other hand, there is no agreement between the plaintiff and the defendants on the prohibition of partition of the land Nos. 1 and 2, and there was no agreement on the method of partition.

[Reasons for Recognition] Defendant 2, 4 through 13, 15, 17: The remainder of the Defendants, each of the evidence Nos. 1 through 6,

2. Determination

A. According to the above facts of recognition, the Plaintiff, as co-owners of the lands Nos. 1 and 2, may claim the partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act, and an agreement as to the method of partition is formed.

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