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(영문) 수원지방법원 2019.06.14 2018가단28217

공유물분할

Text

1. The Plaintiff and the Plaintiff shall sell 1,322 square meters of I forest land at auction in Sungsung-si and deduct the auction expenses from the proceeds.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the shares of 1,322 square meters of I forest land in Sungsung City (hereinafter “instant land”) at the shares of each co-owner listed in the separate sheet.

B. No agreement was reached between the Plaintiff and the Defendants on the method of dividing the land of this case until the closing date of the instant argument.

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

2. Determination

A. According to the above facts, the Plaintiff, a co-owner of the instant land, may request the Defendants, who are other co-owners, to divide the instant land.

B. Furthermore, as to the method of partition of co-owned property, the following circumstances are revealed by comprehensively taking account of the purport of each description and pleading as to the method of partition of co-owned property: ① the remaining Defendants, other than Defendant F and G, did not appear at all on the date of pleading of the instant lawsuit more than two occasions even after being served with a duplicate of the complaint of this case, and thus, it is virtually impossible to coordinate the overall interest between the Plaintiff and the Defendants, such as the location and size of the land when dividing the instant land in kind. Moreover, there is no dispute over the Plaintiff’s assertion seeking payment due to auction. ② Defendant F and G stated in this court that their own land did not use the instant land; ② Defendant F and G stated in this court to the effect that they did not present the method of dividing the instant land; ③ The instant land is surrounded by another forest; ③ it appears difficult to divide the instant land in kind without permission; ④ The instant land was transferred to Defendant C, D, E and K, and the instant land into the instant land, and its ownership, ownership, ownership of the instant land, QJ, etc.