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(영문) 전주지방법원 2019.08.08 2017가단22782
공유물분할
Text

1. Of the forest land of 180531m2 in Jeonju-gun, Jeonju-gun, the forest land:

A. Each point of the separate sheet No. 1 to 44, 86, 85, 84, 83, 82, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased an equity share of 69851/195471, out of 180,531 square meters of K forest in Jeonju-gun, Jeonju-gun (hereinafter “instant land”) through a voluntary auction procedure, and completed the registration of transfer of equity on September 4, 2017.

At present, the Plaintiff shares 69851/195471 shares; Defendant C shares 2646/195471 shares; Defendant C shares 9915/195471 shares; Defendant D shares 2479/195/195471 shares; Defendant E shares 49587/195471 shares; Defendant A shares 17357/195471 shares; Defendant J shares 6610/195471 shares; Defendant G shares 1326/195471 shares.

B. There was no agreement between the Plaintiff and the Defendants on the method of division of the jointly owned property until the closing date of the instant argument.

C. The shape and size of the land of this case divided according to the spot-sale method desired by the Plaintiff are indicated in the attached appraisal map.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2, the result of appraisal by this court, the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the Plaintiff, as co-owner of the instant land, may file a partition claim against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act, and did not reach agreement as to the method of partition. Thus, the Plaintiff may file a partition claim with the court pursuant to Article 269(1) of the Civil Act.

B. In full view of all circumstances, such as the location, shape, and size of the land of this case, the share ratio of the Plaintiff and the Defendants, and the Defendants’ appraisal method as indicated in the separate sheet, etc., it is reasonable to divide the land of this case in kind according to the share ratio of each parties as indicated in paragraph (1) of this Article.

3. Therefore, the method of partition of co-owned property as to the land of this case is determined as above. It is so decided as per Disposition.

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