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(영문) 수원지방법원성남지원 2019.02.12 2018가단4795
공유물분할
Text

1. 3,162 square meters of I forest land inHanam-si;

A. On board (B) connect each point of which is indicated in the Appendix No. 2, 3, 4, 13, 12, and 2.

Reasons

1. Basic facts

A. As to the 3,162 square meters of I forest land inHanam-si (hereinafter “the instant forest”), the Plaintiff shares 606/3162, Defendant B’s 438/3162, Defendant C’s 545/3162, Defendant D’s 569/3162, Defendant E’s 360/3162, Defendant C’s 322/3162, Defendant G’s 161/3162, Defendant G’s 161/3162, and Defendant H shares 161/3162.

B. There is no separate agreement between the Plaintiff and the Defendants on the prohibition of partition of the instant forest.

[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 against the Defendants, who are other co-owners, for the partition of the forest of this case jointly owned pursuant to Article 269(1) of the Civil Act.

B. In full view of the circumstances revealed in the pleadings, such as the method of partition of co-owned property, the ratio of co-ownership of the Plaintiff and the Defendants’ co-ownership with respect to the instant forest, the shape of the said forest, and the use relationship, together with the submission of a written answer to the effect that no objection is raised against the division method claimed by the Plaintiff after the instant lawsuit was filed, it is reasonable to divide the instant forest land as

3. It is so decided as per Disposition by dividing the forest land of this case into the above methods.

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