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(영문) 광주지방법원목포지원 2020.01.08 2019가단2764
공유물분할
Text

1. Shares 35/91 shares, Defendant B, C, and 3.

Reasons

1. When the facts of recognition show the overall purport of the pleadings as to Gap evidence Nos. 1 and No. 2, real estate listed in the separate sheet (hereinafter "land of this case") are acknowledged as follows: (a) the plaintiff completed the registration of transfer of each ownership by 35/91 shares, 14/91 shares, 14/91 shares, 6/91 shares, 6/91 shares, 4/91 shares, and 4/91 shares; (b) there is no agreement between the plaintiff and the defendants prohibiting the division of the land of this case; and (c) there is no agreement between the plaintiff and the defendants as of the date of the closing of argument of this case.

2. According to the above facts of recognition, the agreement on the method of partition of the instant land between the Plaintiff and the Defendants, a co-owner of the instant land, was not constituted, so the Plaintiffs may file a claim for partition of co-owned land in the court pursuant to Article 269(1) of the Civil Act.

In principle, the article jointly owned is divided in kind, but it is possible to divide the article jointly owned by auction only when it is impossible to divide it in kind or the value thereof is likely to be reduced remarkably by division.

(Article 269(2) of the Civil Act). Examining the purport of the entire pleadings in light of the aforementioned evidence, the following facts and circumstances are acknowledged.

In other words, the land of this case is the land category of which is the paddy field, and the land area of each parcel after subdivision is not more than 2,000 square meters.

In the event that the instant land is divided into the area according to the ratio of shares of the Plaintiff and the Defendants, it is apparent that all the Plaintiff and the Defendants have owned the instant land not exceeding 2,00§³, and it is inappropriate for the instant land to divide it into the spot goods.

There is no agreement among the co-owners of the land of this case on the price of shares, and there is no appropriate and reasonable plan to assign the Plaintiff's shares or the Defendants' shares to the specific co-owners, and to pay the value thereof.

3.2

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