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(영문) 수원지방법원 여주지원 2018.05.08 2015가단23125
공유물분할
Text

1. G 27,736 square meters of G 27,736 square meters shall be divided as follows:

Of the above land, the attached appraisal map 1 through 14, .

Reasons

Facts of recognition

H, I, J, and Defendant C respectively owned 1/4 shares in relation to G forest 27,736 square meters (hereinafter “instant forest”).

The J died on February 23, 2004 and succeeded to the shares of K, L, M, N, Defendant D and Defendant E respectively.

O and Plaintiff B completed the registration of ownership transfer on the ground of sale and purchase as of January 28, 2013, as to H’s share 1/4, I’s share 1/4, Defendant C’s share 1/4, and 2,297/27,736, out of the instant forest land, on March 21, 2013. Accordingly, O and Plaintiff B possessed 8,0825/27,736 of the instant forest land, respectively.

Plaintiff

A on October 23, 2013, completed the registration of ownership transfer based on inheritance by agreement and division with respect to the portion above O out of the forest of this case.

K, L, M, N, Defendant D, and Defendant E completed the registration of ownership transfer on November 24, 2015 as to 1/24 shares of each of the instant forest land due to inheritance on February 23, 2004.

Since April 24, 2017, the same year

6.7. L, K, and L transferred their respective shares to Plaintiff A, M, and N respectively to Plaintiff B in the instant forest.

On December 20, 2017, the Intervenor F’s participation in the instant forest was transferred by Defendant D and Defendant E as to the instant forest.

At present, the Plaintiffs respectively hold 62,363/166, and 416 shares in the forest of this case; Defendant C holds 27,822/166, and 416 shares; and the succeeding intervenor holds 13,868/166, and 416 shares.

The Plaintiffs, Defendant C, and the succeeding Intervenor did not reach an agreement on the method of dividing the instant forest land, which is jointly owned.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 7 (including each number), the purport of the whole pleadings.

Judgment

According to the facts of recognition as above, the Plaintiffs, co-owners of the forest of this case, may request the Defendant C and the succeeding Intervenor, who are other co-owners, to divide the forest of this case.

method of partition of the article jointly owned;

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