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(영문) 전주지방법원정읍지원 2019.07.25 2019가단997
공유물분할
Text

1. A ship with the indication of the annexed drawings among the area of 11306 square meters in a regular or Eup/Myeon (1), (2), (3), (4), (5), (6), and (1) connected in sequence;

Reasons

1. Basic facts

A. Co-owners of C forest land 11306m2 (hereinafter “the instant forest”) in Jung-Eup-si are the Plaintiff and the Defendant, the Plaintiff’s share is 8661/11306, and the Defendant’s share is 2645/11036.

B. The Plaintiff filed a claim for partition of co-owned property in this case with the following purport: (a) the part on the ship (A) connected with the attached drawing Nos. 1, (2), (3), (4), (5), (6), (7), (1) is owned by the Plaintiff; and (b) the same drawing Nos. 1, (7), (8), (9), (0), (1) is owned by the Defendant, and the Defendant also consented thereto.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the forest of this case, may file a claim for partition against the remaining Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.

B. The following circumstances, which are acknowledged by comprehensively taking account of the method of partition of co-owned property, Gap evidence No. 1-3, and the purport of the entire pleadings, namely, ① partition of co-owned property in kind is in principle, ② area according to the division proposed by the plaintiff is equal to the party’s shares, and ③ The forest land in this case is a co-owner and only two defendants are co-owners and the defendant consents to the division in kind presented by the plaintiff.

3. The conclusion is that the forest of this case shall be divided in kind as set forth in the Disposition No. 1, and it is so decided as per Disposition.

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