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(영문) 수원지방법원여주지원 2016.07.13 2015가단3510
공유지분분할
Text

1. The plaintiff shall sell G 40,338 square meters of G forest to an auction at Emju and deduct the auction cost from the proceeds.

Reasons

1. Facts of recognition;

A. The Plaintiffs, the designated parties, the Defendant (Appointeds), and the Defendants share 40,338 square meters of G forest land (hereinafter “instant land”) in the respective shares of shares in the attached Table, in leisure City.

(Defendant D, E, and F jointly inherited the said shares as H’s children on December 13, 2013, following the death of H on December 13, 2013, which was a co-owner of the instant shares of 495/4038 out of the land.

The Plaintiff and the remaining co-owners of the instant land did not reach an agreement on the division of the instant land, thereby filing the instant lawsuit seeking the division of the instant land.

The plaintiff and the defendant (appointed parties) present at the second time on the mediation date held in this court and discussed the division, but did not reach an agreement.

C. The lowest part of the instant land is about 205 meters from the tidal wave, and the highest part is about 400 meters from the tidal wave, and in particular, the topography of the intermediate part is a strong duct, and there are two depths.

In addition, according to the criteria for permission for division of land in accordance with the Urban Planning Ordinance [Attachment 4] No. 3 (a), it is not allowed to divide the instant land into Baduk.

[Ground of recognition] Facts without dispute; Gap evidence 1 and 2; Eul evidence 3-1; Eul evidence 5-1 and 2; Eul's fact inquiry results in the court's contribution to the viewing of the audience; the purport of the whole pleadings

2. Determination

A. In full view of the facts acknowledged as above, the Plaintiff is the co-owner of the instant land, and the designated parties who are other co-owners, the Defendant (appointed parties) and the Defendants did not reach an agreement on the division of co-owned property. Thus, the Plaintiff may claim the partition of the instant land.

B. The partition of the co-owned property by the judgment on the method of partition of co-owned property shall, in principle, be made in kind so that each co-owner can make a rational partition according to his share. However, in the payment division, it shall be divided in kind.

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