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(영문) 전주지방법원정읍지원 2020.07.09 2018가단2415
공유물분할
Text

1. The remainder of the sale price calculated by deducting the expenses for the auction from the sale price, which is 50,083 square meters of Q2 forest in Jung-Eup.

Reasons

1. Basic facts

A. The forest of this case was jointly owned by five persons, including Defendant B and C, as shares of 1/5 (=209/1045). The Plaintiff is co-owner who acquired 1/5 shares of the forest of this case from R on June 21, 2018.

B. Defendant B and C, the original co-owner of the forest of this case, were alive, but S and T, the co-owner other than the Plaintiff, died, and their inheritance relationship and shares are as follows.

1) Death on January 11, 1998: The heir’s death on June 17, 2015: Defendant D (spouse, share 57/1045), Defendant E, F, G, and H (mother’s child, each share 38/1045) (T: The heir’s death on June 17, 2015: Defendant I (spouse, share 55/1045), Defendant J, K, L, M, N,O, U (Death), P (mother’s child, each share 22/1045) and 3) U on May 15, 2019: The heir’s I (mother).

C. The forest land of this case has a gradient different from each other in the form of forest land, and is currently used as forest land, and can enter the forest land of this case through another neighboring land. The access road of this case is also part of “1” connected in sequence 1 to 7 and 1, and it is not currently used for specific purposes, such as farming company, etc., as part of other co-owners.

There is no agreement between the Plaintiff and the Defendants on the division of the forest of this case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1-5 and the purport of the whole pleading

2. Determination

A. According to the facts acknowledged above, the Plaintiff, a co-owner of each of the lands of this case, may file a claim for partition of each of the lands of this case with the Defendants, other co-owners, 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 Nos. 1-5 and the purpose of the entire pleadings, namely, ① the forest of this case is not used as a farmer, etc., but exists in the form of forest including ridge, etc., and the plaintiff, defendant I, J, and K.

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