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(영문) 의정부지방법원 2017.11.29 2017가단6641
공유물분할
Text

1. Of the 22,789 square meters of J-Sincheon-si J Forest, each point is linked in order to each point indicated in the annexed drawing Nos. 1, 2, 3, 4, 17 through 39, and 1.

Reasons

1. Facts of recognition;

A. Defendant B and K, L, M, and N own each share of 1/5, respectively. On August 26, 2015, the Plaintiff received full transfer of M and N’s shares on the grounds of sale and purchase.

B. On March 7, 1993, K died and jointly succeeded to its property by Defendant D, E, F, and G, the wife of Defendant C and his children, and Defendant I, the wife, died on May 24, 1993, and jointly succeeded to its property by Defendant H and A, the wife of which was the wife.

C. The Defendants are both relatives. Of the instant forest land, the part on “1” indicated in the annexed Form No. 1 among the instant forest land is located five graves of relatives. D.

Considering the forest land of this case as the attached drawing, the left part of the forest of this case is accessible to a public road by abutting on the flat, and the right part is facing the shape of a mountain shape where the slope is gradually high.

E. Among the parties, the Plaintiff, Defendant B, E, and H present on the date of pleading or on the date of verification of the instant case are the position to divide as indicated in the text.

[Ground of recognition] Unsatisfy, entry A1 through 4, result of on-site inspection by this court, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff, a co-owner of the forest of this case, may file a claim against the Defendants, who are other co-owners of the forest of this case for the partition of the forest of this case. If the Plaintiff, a co-owner of the forest of this case, comprehensively takes into account the causes of the co-ownership relationship, the ratio of co-ownership share, the economic value of the co-ownership in the case of division, the wishes of co-owners on the method of division, the relation

3. According to the conclusion, the forest land of this case is divided as ordered.

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