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(영문) 대전지방법원서산지원 2015.04.07 2014가단3261

공유물분할

Text

1. The remainder of 2121.7 square meters, which is referred to an auction for the Cheong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the auction cost is deducted from the price.

Reasons

1. In light of the overall purport of the pleading as to the statement in Gap evidence Nos. 1 through 13, the plaintiff and the defendants shared shares in the separate sheet No. 2121.7 square meters (hereinafter "the land in this case") as to the plaintiff and the defendants in the separate sheet No. 3/10, the non-party N, the non-party N, the non-party Da, the non-party Da, the network P, the defendant D, and the defendant Eul shared shares of 1/10, and the shares of the plaintiff and the defendants were the same as the annexed sheet. The ground for calculation is farmland of which light liquidation was completed pursuant to the Rearrangement of Agricultural and Fishing Villages Act, and there was no agreement on the division of the land in this case between the plaintiff and the defendants. Thus, the plaintiff, a co-owner of the land in this case, can file a claim against the defendants, who are co-owners of the other co-owners of the land in this case for division pursuant to Article 269(1) of the Civil Act.

2. Method of partition;

A. Division of jointly-owned property may be selected at will if the co-owners reach an agreement, but if the jointly-owned property is divided by a trial due to the failure to reach an agreement, in principle, dividing it in kind. If it is impossible to divide it in kind or if the value is considerably reduced, an auction is required to be made. It constitutes an agricultural infrastructure improvement project under Article 2 subparagraph 5 of the Rearrangement of Agricultural and Fishing Villages Act. According to Article 22 (2) of the Farmland Act, farmland, the area of which is performed for an agricultural infrastructure improvement project under the Rearrangement of Agricultural and Fishing Villages Act, is less than 2,00 square meters after the division, shall not be divided unless there are any special reasons prescribed under the said provision. The land in this case constitutes farmland for which an agricultural infrastructure improvement project under the said Farmland Act was performed, and it is different from those prescribed under the said provision.