beta
(영문) 창원지방법원진주지원 2019.11.19 2019가단33810

공유물분할

Text

1.(a)

The Plaintiff shall own 4947 square meters of C forest land in Gyeongnam-gun, Namnam-gun;

B. D Forest land 7174 square meters, and the indication of the attached drawings 1, 2, 3, 4, 4.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant shared ownership: ① 4947 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant forest land”) and ② 7174 square meters of D forest land (hereinafter “instant two forest land”) share in proportion to 6/7 shares (Plaintiff) and 1/7 shares (Defendant) respectively.

B. The Plaintiff’s father E owns F through G, H, I, or J (which is the lower part among the instant forests and fields indicated as blanks adjacent to K) adjacent to each of the instant forests and fields, respectively.

(2) Meanwhile, the instant forest land adjoins to the east of the instant 2 forest land. The remainder of each of the instant forest land is surrounded by forest land or E’s land ownership. The specific location and shape are the same as the said drawing.

C. Until the closing date of the argument in this case, the Plaintiff and the Defendant did not fully reach an agreement on the division method of each forest of this case, including division consultation, and there is no division prohibition agreement on each forest of this case.

[Ground for Recognition: Facts without dispute; entries in Gap evidence 1 through 5; Eul evidence 1 (including paper numbers); each survey and appraisal result; the whole purport of oral argument]

2. The assertion and judgment

A. According to the facts acknowledged above, the Plaintiff, the co-owner of each forest of this case, can claim the partition of each forest of this case against the Defendant, the other co-owner.

B. The method of partition of co-owned property (1) is a form of co-ownership of the article, and one ownership of the article is divided in quantity into several persons. Thus, each co-owner has the right to abolish the existing co-ownership by unilaterally filing a claim for partition of co-owned property and realize a legal relationship for distributing co-owned property among the co-owners, except in extenuating circumstances.

Furthermore, in the method of division, if an agreement is reached between the parties, the method may be chosen at will, but it may be chosen.