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1. Of the J-gun of Gyeonggi-do, 12496§³:
(a) connect each point of the separate sheet No. 29, 18, or 29, indicated on the attached sheet;
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared the area of 12496 square meters in Jincheon-gun, Gyeonggi-do (hereinafter “instant forest”) as follows.
Co-owner’s share Plaintiff B 375/750, Defendant C78/750, Defendant D31/750, Defendant E 55/750, Defendant F 22/750, Defendant G39/750, Defendant H 39/750, Defendant I 33/750
B. Until the date of the closing of the instant argument, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant forest.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings (in the case of defendant F, by service by publication)
2. Determination
A. According to the facts acknowledged above, the Plaintiff, a co-owner, may file a partition claim against the Defendants, other co-owners, pursuant to Articles 268 and 269 of the Civil Act.
B. In the partition of co-owned property, a method of partition can be selected at will, but if an agreement is reached between the parties, and if co-owned property is divided by a trial due to a failure to reach agreement, the court shall divide it in kind in principle. The court may make a decision by comprehensively taking into account all the circumstances shown in the arguments in the instant case, such as the contents of consultation between the parties, structure, size, location, utilization status, and attitude of the parties. (2) In this case, the health room for the instant case, and the whole purport of the arguments as a result of the request for measurement and appraisal as to the chief of the natural branch of the Korea National Land Information Corporation, Korea
① Of the instant forest land, the part on the “K” connected with each point of 29, 18, or 29 is 6248 square meters, and the part on the “J” is 6248 square meters, which connects each point of the attached Table 1 through 18, 29, 30, and 1, and the part on the “J” is 6248 square meters.
(2) The attached Form 3 provides that both the part “K” and the part “J” in the ship shall be the share of the Plaintiff and the Defendants.