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(영문) 춘천지방법원 2019.07.18 2018가단50952
공유물분할
Text

1. Attached Table 38, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 34, 38, among the 19,279 square meters of Sacheon-gun, Hongcheon-gun, Gangwon-do

Reasons

1. Basic facts

A. In the real estate register concerning the 19,279m2 in Hongcheon-gun of Hongcheon-do (hereinafter “instant forest”), the Plaintiff stated that the Plaintiff shares 1/2 shares, and Defendant Q and S shares 1/4 shares, respectively.

B. On April 28, 2001, S died with U, V and Defendant H, M, N,O, and P during the wife T (Death on December 8, 1998) and died on April 28, 2001. 2 South V died on September 1, 2006 and succeeded to Defendant J, K, and L with Defendant I and their children, and on February 16, 2013, the head of South U.S. succeeded to the wife C, Defendant D, E, F, and G.

C. There is no agreement between the Plaintiff and the Defendants prohibiting the division of the instant forest, and as of the date of the closing of argument in the instant case, no agreement on the method of dividing the instant land has been reached.

[Grounds for recognition] Evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts, the Plaintiff, a co-owner of the forest of this case, may request the Defendants, other co-owners, to divide the forest of this case pursuant to Article 269(1) of the Civil Act.

Next, as to the method of subdivision, the Plaintiff is in principle divided into health units, common property, and common property, and the Plaintiff is in principle divided into 38,22,23,24,25,26, 27,28,29,30,31,32,33,34,35, 36, 37, and 38 of the attached appraisal map, which conducted a divisional survey and appraisal by Hongcheon Branch of the Redcheon Branch of the Intellectual Property Office (C). In light of the fact that: (a) the portion of “1” connected in sequence 9,639 square meters is solely owned by the Plaintiff; and (b) the Defendants do not state their opposing opinions, the aforementioned portion of “1” portion 9,639 square meters is jointly owned by the Plaintiff; (c) the above appraisal map is 38,1,23,24,56,78,98,10,121,214,16,271,27,16,27,21,

3. If so, the real estate of this case is divided in kind as set forth in the Disposition No. 1, and the costs of lawsuit are considered as the nature of the partition of co-owned property.

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