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(영문) 제주지방법원 2019.04.19 2018가단2546
공유물분할
Text

1. Attached Form 1,584 square meters of C forest land in Jeju-do;

2. Drawings 1, 2, 11, 12, 13, 14, 15, 16, and 1 each point are linked in sequence.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff and the Defendant shared 1/2 shares out of the instant land.

B. The Plaintiff and the Defendant did not hold a consultation on the method of dividing the instant land, which is jointly owned, until the date of closing the argument in the instant case.

【Ground for recognition】 There is no dispute

2. Determination

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land against the Defendant, who is another co-owner.

B. Division of the method of partition of the article jointly owned by one owner may be selected at will if consultation is held between the co-owners, but if the article jointly owned is divided by judgment because agreement is not reached, in principle, the court shall divide the article in kind. If it is impossible to divide the article in kind or if the value of the article is considerably reduced if it is divided in kind, the court may order the auction of the article. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the article jointly owned by dividing the article in kind into several items according to the share ratio of each co-owner. The method of partition shall not be decided by the parties, but shall be determined by the reasonable division according to the share ratio of the co-owner at the court's discretion, depending on the relation of co-ownership or all the circumstances of the article, which is the object of the co-ownership. In principle, the area of the land acquired by each co-owner should be equal to the share ratio, but it shall not be required to be divided by such method, but the form or condition of the land, or economic value thereof shall not be equal.

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