beta
(영문) 대구지방법원 서부지원 2018.06.07 2017가단11975

공유물분할

Text

1. The Plaintiff shall sell the 992m2 in Gyeongbuk-gun, Gyeongbuk-gun to sell at auction and deduct the auction cost from the sale price.

Reasons

1. Facts of recognition;

A. As to the share of 1/3 of the land of 992 square meters in Gyeongbuk-gun D (hereinafter “instant land”), the Plaintiff and the Defendants are registered to transfer ownership in the name of the Plaintiff.

B. The instant land constitutes an agricultural promotion area under the Farmland Act.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Division of the article jointly owned on the market may be selected at will if there is an agreement among the co-owners, but if the article jointly owned is divided by a trial due to a lack of agreement, it shall be in principle divided in kind. If it is impossible to divide it in kind or if it is possible to reduce the value of the article in kind, an auction shall be ordered to pay the price.

In light of the following: (a) the farmland creation project or the farmland-based maintenance project is being implemented or being used for agriculture, or the land to be used for agriculture is collectively located in an area where farmland has been collectively utilized and preserved for the efficient utilization and preservation of farmland according to the scale prescribed by the Minister of Agriculture, Food and Rural Affairs; and (b) the land in this case is farmland the area of which is 92 square meters and the land in this case is divided in kind according to the share of both the Plaintiff and the Defendants; and (c) each divided land is de facto difficult to conduct agricultural management by itself because the area of each divided land is reduced; and (d) the land in this case constitutes a case where it is impossible to divide in kind or the value might be significantly reduced due to the in-kind division; and (e) it is reasonable to divide the land in this case

3. It is so ordered as per Disposition that the remaining money, according to the conclusion, which was referred to an auction and deducted the auction cost from the proceeds of the sale, will be distributed to the plaintiff and the defendants according to their respective shares.

참조조문