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(영문) 대구지방법원서부지원 2015.03.04 2013가단11090

공유물분할

Text

1. A ship that connects each point of 10 to 22,10 square meters in the annexed reference, among Q2,079 square meters in Q2, 18,079 square meters in Q2-gun.

Reasons

1. Facts of recognition;

A. The land listed in Paragraph 1 of the Disposition (hereinafter “instant land”) is owned by the Plaintiff in co-ownership of shares 14,462/18,079, Defendant H, I, and J, each of Defendant H, I, and J, 1,271/54,237, and the remainder of the Defendants in the course of compulsory auction.

B. The instant land can be buried in a grave in the natural forest of an irregular sloping slope, and the market price of (g) part (g) of 14,462 square meters in the ship connected each point of 10 to 22,10 square meters among the instant land is 2,660 square meters/m2, and the market price of (f) part (g) of 3,617 square meters in the ship connected each point of 1 through 11,100 square meters in order of the same drawings is 2,740/m2.

C. The Plaintiff and the Defendants did not agree on the division of the instant land.

[Reasons for Recognition] The facts without dispute, Gap 1 to 3, the records of Gap 1 to 3, the result of the request for surveying and appraisal to the senior group of intellectual properties of this court, the result of the request for appraisal of appraiser R, the purport of the whole pleadings

2. Determination

A. Comprehensive account of all the circumstances, such as the location, land size, accessibility, and the respective shares of the original and the Defendant of the instant land. In particular, in the case of partitioning the said land as prescribed in paragraph (1) of this Article, it is reasonable to divide the instant land in kind as prescribed in paragraph (1) of this Article, inasmuch as economic value is almost the same between each divided land, and thus, to promote equity among the original and the Defendant.

B. As to the Defendants’ assertion 1, Defendant H, I, and J have specified and possessed a certain part of the instant land (this seems to have asserted to the effect that they are not in co-ownership relationship with the Plaintiff, as so-called sectionally owned co-ownership relationship).

However, a sectionally owned co-ownership relationship is legally established only when there is an agreement for specifying the location and area of a parcel of land and for many people to divide ownership, and among co-owners, the specific portion is to be reverted exclusively to each co-owner.