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(영문) 창원지방법원 통영지원 2018.05.29 2016가단23952
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the 16,060m2 to the auction of the Jinsung-gun X-gun.

Reasons

1. The Plaintiff and the Defendants were co-owners who own 16,066m2 of YY-gun X-gun, Gyeongnam-do (hereinafter “instant forest”) in proportion to co-ownership share. The Plaintiff acquired 3,224/32,132 of the said forest as a result of a compulsory sale by official auction on June 3, 2016.

The remaining Defendants except Defendant S have purchased the forest of this case by specifying it as shown in the separate sheet, and completed the registration of transfer by co-ownership.

The forest of this case is an irregular sloping, and the west side of the forest of this case is relatively sloped, while the dynamic direction of the forest of this case is located in the direction of the ridge with high slope.

The forest land of this case is located in one ornamental, and there are two livestock penss and five graves.

Among the forest land of this case, there is a seizure from Msan Tax Office and Busan Jin Tax Office on the shares of Defendant I, and a provisional seizure is made by the Ginnam Credit Guarantee Foundation for the shares of Defendant S.

There is no division prohibition agreement on the forest of this case.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 and Eul 1 and 2, the purport of the whole pleadings

2. Whether the ownership relation of the forest of this case constitutes the co-ownership relation of sectional ownership

A. The remaining Defendants except the Defendant S, who claimed as Defendant C, F, G, R, and V, purchased the forest of this case from around September 2009 to April 201 by specifying the location and area as indicated in the ground plan (No. 1) of the forest of this case from the Z Co., Ltd. (hereinafter “A”) from around September 2009 to April 201, constitutes a co-ownership relationship under sectional ownership.

B. In the so-called sectionally owned co-ownership relationship in which two or more persons agree to specify the location and size of land on one parcel and they register as co-ownership of the sectional owners, each sectionally owned co-owner disposes of his/her right to another person, the specific part, which is the object of sectional ownership, is disposed of.

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