beta
(영문) 수원지방법원성남지원 2015.08.12 2014가단207688

공유물분할

Text

1. The defendant is the cause of partition of co-owned property as to the share 2,646/12,992 out of 665m2 in Gwangju City forest land in Gwangju-si.

Reasons

1. Facts of recognition;

A. The Plaintiff shares 2,646/12,992 shares in the Plaintiff’s 2,646/12, and the Defendant shares 10,346/12,992 shares in Gwangju City C forest land (hereinafter “instant land”).

B. The current status of the instant land and its surrounding areas are as shown in the attached Form.

C. As of the date of closing argument in the instant case, the Plaintiff’s share value in the instant land is KRW 36,568,800.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, Gap evidence 6-2, Eul evidence 2 and 3, and the result of the market price appraisal commission of appraiser D, the purport of the whole pleadings

2. The record reveals that there is no agreement between the plaintiff and the defendant on the partition of co-owned property. Thus, the plaintiff has the right to partition co-owned property against the defendant based on co-owned share.

3. Method of partition of co-owned property;

A. In a case where the co-owners divide the article jointly owned by a trial as the co-owners did not reach an agreement on the division of the article jointly owned, the court shall, in principle, divide it in kind, and if it is impossible to divide it in kind or if it is possible to divide it in kind, the value of the article can be reduced remarkably, the auction of the article can be ordered to be paid off

(See Supreme Court Decision 2004Da10183 Decided July 22, 2004). The lawsuit for partition of co-owned property is a lawsuit for the formation of co-owned property, and it refers to the resolution of co-owned relation as to the objects of co-owned property by exchanging or selling shares among co-owners. Thus, the court shall make a reasonable partition according to the co-owned relation or the share ratio of co-owner according to free discretion depending on the co-owned or the overall circumstances of the objects of co-owned property, regardless of the method requested by the claimant for partition of co-owned property.

(See Supreme Court Decision 93Da27819 delivered on December 7, 1993, etc.). Also, the cause of sharing relationship, the proportion of co-ownership share, and co-ownership share.