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(영문) 대구지방법원 김천지원 2018.04.05 2017가단30787
공유물분할
Text

1. Attached Table 1 with respect to the land size of 8,806 square meters in Kimcheon-si, Kimcheon-si, each point of which is indicated in the Map 1 through 16, and 1.

Reasons

1. According to the purport of Gap evidence Nos. 1 through 4 (including a branch number) and the entire pleadings, the plaintiff 1/4 shares in Kimcheon-si E forest and 8,806 square meters (hereinafter "the forest of this case") and the defendants 1/4 shares, and each fact that the plaintiff and the defendants did not reach an agreement on the division of co-owned property can be acknowledged. Thus, the plaintiff, co-owner of the forest of this case, who is the co-owner of the forest of this case, may file a claim for the division of the forest of this case with the defendants, other co-owners pursuant to Article 269(1) of the Civil Act.

2. Division of the method of partition of co-owned property can be decided voluntarily if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. The court may issue an order for auction of the goods only when the value of the property is likely to be significantly reduced if the co-owners divide it in kind or in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several items in kind, and then the method of partition is to make a reasonable division according to the share ratio of the co-owner at the discretion of the court, rather than by the method requested by the parties, according to the co-owner's co-ownership relation or all the circumstances of the goods which are the objects thereof (see Supreme Court Decision 2004Da10183, Jul. 22, 2004; 1, 2004Da10183, Nov. 23, 2001>

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