beta
(영문) 전주지방법원 군산지원 2021.01.12 2020가단1061

공유물분할

Text

1. The Plaintiff shall sell R 2,690 square meters to an auction in the following cities and deduct the auction cost from the price.

Reasons

1. Facts of recognition;

A. On June 20, 2019, R 2,690 square meters (hereinafter “instant land”) owned 1/3 shares in each of the instant land owned by S, T, and U.S. The compulsory auction of U’s 1/3 shares out of the instant land was commenced. On March 6, 2020, the Plaintiff received U’s 1/3 shares in the auction procedure (former District Court Military Branch V) on March 6, 2020 and completed the registration of the entire transfer of shares in its name on the 11st day of the same month.

B. S: (a) died on January 22, 1994; (b) on February 15, 2004, W, who was its wife, succeeded to the status of S in the lawsuit of N, Defendants B, C, D, E, F, and F, the wife of X, who died on March 10, 191, and Defendant H, his child, succeeded to the status of S in the lawsuit of N, P, and Q, who died on April 20, 202, and died on April 20, in which the lawsuit of this case was pending.

(c)

T owned another 1/3 equity of the instant land as another 1/3 equity holder of the instant land was deceased on November 28, 2013, and upon the death of Defendant I, Defendant J, K, L, and M, the wife, inherited the shares of T according to their respective equity ratios in the legal situation, such as the case of the “share” in the attached Form.

(d)

There is no agreement prohibiting division on the land of this case, and the plaintiff intended to divide the land of this case, and there is no proper consultation with the defendants.

E. Meanwhile, the instant land constitutes “farmland for which an agricultural production-based improvement project under the Non-Act on Agriculture and Fishing Villages was implemented” as prescribed by Article 22(2) of the Farmland Act, and thus, the area of each parcel after division in kind pursuant to Article 22(3) of the same Act shall exceed 2,000 square meters at the time of subdivision in kind.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the result of inquiry into facts against the Administration in the following cities: the purport of the whole pleadings

2. Determination

A. The issue of the claim for partition of the article jointly owned

1. According to the facts found in the facts of recognition, the Plaintiff and the Defendants share the instant land, and the said land between the said parties.