2006Gadan2089 Co-owned property partition

***********************

**** Dong***: Apartment Dong*

Attorney Han-han*

Z** (*****************)*

**** Dong**-*-*

August 22, 2007

September 19, 2007

1. The defendant

(a) has expressed his/her intention to accept an application for correction with ‘14,57m' as ‘14,682m' in the forest register as to the forest*** of Gangwon-do*** Myeon** risan** in the forest register;

B. The procedure for registration of correction is implemented with the area of "14,557 square meters" as to the real estate stated in the above paragraph (a) as "14,682 meters."

2. The portion of 7,278 square meters in sequence is owned by the plaintiff in the ship (a) which connects each point of 1,2,35,36, 36, 36, and 1,278 square meters in sequence, and is owned by the defendant in the order of 1,17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 1.

3. The costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

1. Determination on the request for consent and expression of intention and the request for registration of correction concerning the correction of registered area on the forestry cadastral book

As the cause of the claim in this case, the plaintiff is obligated to cooperate with the defendant, who is a co-owner in applying for the correction registration of the area of 14,682 square meters on the forestry register and the register of 14,682 square meters, while the area of 14,557 square meters is registered as 14,682 square meters in the forest register and the register of 14,682 square meters. As such, the defendant has the obligation to cooperate with the plaintiff in applying for the correction registration of the area and the correction of the area on the register of 14,57 square meters in relation to the forest in this case, "14,57 square meters in the forest in this case" as "14,682 meters in the forest in this case." The defendant has the obligation to inform the plaintiff about the application for correction of the area of 14,557 square meters in the forest in this case, and implement the procedure for registration of correction of the area of 14,682 square meters in this case.

Therefore, the defendant is obligated to make a correction registration procedure to the plaintiff: ① to make a correction application with ‘14,57m' as ‘14,682m' on the forest of this case, and ② to implement the correction registration procedure with ‘14,57m' as ‘14,682m' as ‘14,68m' in the forest of this case.

2. Judgment as to the partition of co-owned property

A. Claim for partition of co-owned property

With respect to shares 1/2 of the forest land of this case, the registration of ownership transfer was completed in the name of the deceased and the plaintiff * on May 11, 1954. After that, the registration of ownership transfer was completed in the name of each of the plaintiff * on July 1, 1991 ** on July 1, 1991 * the ownership transfer registration was completed in the name of the defendant * on March 10, 1975 on the ground of donation from March 10, 1975. The fact that the agreement on the division was not reached between the plaintiff and the defendant, co-owners of the forest of this case and the forest of this case does not conflict between the parties, the plaintiff may request the defendant to divide the forest land of this case.

(b) Method of partition;

The method of partition of jointly owned property may be chosen at will if there is an agreement between the parties, but in the case of dividing the jointly owned property by trial, it is a principle that the forest of this case is divided in kind. Therefore, it is reasonable to divide the forest of this case in kind. Furthermore, the specific method of partition is the health unit, the statement of evidence No. 5, the evidence of this court, the result of the on-site inspection of this court, appraiser Park *** in addition to the whole purport of arguments as a result of the survey appraisal of this case. In other words, ① in the pleading of this case, the plaintiff and the defendant jointly want to divide the portion No. 7,278 meters in the separate land of this case as the part (A) and the part No. 7,404 meters in the separate land of this case, and ② there is no economic difference between the location, form and use status of the forest of this case and the defendant, ③ there is little difference between the defendant's order to divide the forest of this case and the forest of this case.

3. Conclusion

Thus, the plaintiff's claim of this case is justified and accepted.

Hephoho Lake

A person shall be appointed.

.: : - - - - - degree of implementation.