1. 나주시 H 임야 28,860㎡ 중 별지 제2도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅋ¹, ㅌ¹, ㅍ¹, ㅎ¹, ㄱ²...

1. Basic facts

A. On January 18, 1971, the Plaintiff and the deceased I completed the registration of preservation of ownership in relation to H 28,860 square meters of forests and fields (hereinafter “the instant forest”) at the rate of 1/2 shares, respectively.

As the deceased I died on December 29, 2008, the Defendants, as their inheritors, jointly succeeded to 1/2 shares of the deceased I in relation to the land of this case. At present, the Plaintiff shared 1/2 shares and the Defendants shared 1/12 shares, respectively.

나. 이 사건 임야에는 원고와 피고들 조상의 분묘가 다수 존재하고, 특히 이 사건 임야 중 별지 제2도면 표시 ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ¹, ㄴ¹, ㄷ¹, ㄹ¹, ㅁ¹, ㅂ¹, ㅅ¹, ㅇ¹, ㅈ¹, ㅊ¹, ㅋ¹, ㅂ의 각 점을 순차로 연결한 선내 나 부분에는 피고들 부모와 조모의 분묘 3기가 설치되어 있다.

다. 이 사건 임야 중 별지 제2도면 표시 ㄹ¹, ㅁ¹, ㅂ¹, ㅅ¹, ㅇ¹, ㅈ¹, ㅊ¹, ㅋ¹, ㅌ¹, ㅍ¹, ㅎ¹, ㄱ², ㄴ², ㄷ², ㄹ², ㅁ², ㅂ², ㅅ² 사이에 비포장 도로인 임도가 개설되어 일반인의 통행에 제공되고 있다. 라.

There was no agreement between the Plaintiff and the Defendants regarding the method of dividing the forest of this case until the closing date of the argument in this case, and there was no special agreement between the Plaintiff and the Defendants on the use of the forest of this case, but there was no special agreement.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1-1, result of on-site inspection by this court, result of survey appraisal, purport of whole pleadings

2. Determination:

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the forest of this case, may claim the division of the above forest land against the Defendants, who are other co-owners.

As to this, the Defendants asserted that the forest of this case cannot be the object of partition of co-owned property with the property owned by the J door, which was trusted to the Plaintiff and the deceased I, but the forest of this case was not the object of partition of co-owned property.