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(영문) 서울중앙지방법원 2015.07.07 2014나27608
공유물분할
Text

1. Revocation of a judgment of the first instance;

2.A forest G-gun in Gyeonggi-do 204,992 square meters;

(a) The attached appraisal sheet No. 237, 13-.

Reasons

1. Facts of recognition;

A. The Plaintiff is a co-owner of 6/7 shares of 204,992 square meters in G Forest in Gyeonggi-gun (hereinafter “instant forest”).

The remainder of the forest land of this case is jointly owned by Defendant A 81/1,827, Defendant B 27/1,827, Defendant C 18/1,827, Defendant D, E, and F in proportion to 45/1,827.

B. There was no agreement between the Plaintiff and the Defendants on the method of dividing the forest of this case until the date of closing the argument in the trial.

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

2. Co-owned property partition

A. According to the fact that the instant claim for partition of forest land was established, the Plaintiff may file a claim against the Defendants for partition of the instant forest land in accordance with Article 269(1) of the Civil Act.

If the article jointly owned is divided by trial, it shall be divided in kind according to the share ratio of each co-owner, unless it is impossible to divide it in kind or the value of it is likely to decrease significantly.

The court may, at its discretion, determine a reasonable method of division in consideration of the nature, location, area, price, and use value of the article jointly owned.

(see, e.g., Supreme Court Decision 97Da18219, Sept. 9, 1997). Based on such legal doctrine, the following is determined as to the method of dividing the forest of this case.

B. (1) The fact that the decision on the division method of the instant forest was recognized (A) the legal relationship of the instant forest (hereinafter “the instant forest”) was completed as the registration of preservation of ownership was jointly owned at the ratio of 1/7 each by 1/7 of the Defendants’ fleet I and six-school relatives of the instant forest in 1971.

On June 5, 1976, nine persons, including the Defendants, jointly inherited the shares of the instant forest (1/7) in the instant forest.

(Registration of Inheritance was completed on December 29, 2006). The remaining three shares except the Defendants were owned by the Defendants at the present rate by inheritance or donation.

② The JJ Co., Ltd. (hereinafter referred to as the “J”) intends to build the “L” golf course in the instant forest gardens (hereinafter referred to as “instant golf course”).

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