(영문) 춘천지방법원 원주지원 2018.10.30 2018가단302727

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줄 간격

자간(%)

(영문) 춘천지방법원 원주지원 2018.10.30 2018가단302727

공유물분할

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1. The plaintiff shall sell the 3,306 square meters of the D Forest in Kuju-si to an auction and deduct the auction cost from the price.

Reasons

Basic Facts

A. As of the date of the closing of argument in the instant case, the Plaintiff and the Defendants shared the Plaintiff and the Defendants, respectively, at the rate of 827/3,306 square meters of D forest land and 3306 square meters (hereinafter “instant land”) in the proportion of 827/3,306, Defendants B B1,652/3,306.

B. The Plaintiff and the Defendants did not reach an agreement on the division of the instant land.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleading

A. According to the facts, the Plaintiff may seek the partition of the instant land against the Defendants pursuant to Article 269(1) of the Civil Act.

(b) Co-ownership of a co-owned property by judgment shall be made by the method of spot partition, or by the method of spot partition, if it is impossible to divide it in kind or even if it is possible in form, if the price might be reduced remarkably as a result thereof, by the order of auction of the co-owned property;

"The price is significantly reduced due to the in-kind division" includes not only the case where the exchange value of the whole co-owned property is significantly reduced due to the in-kind division but also the case where the value of the part to be owned independently due to the in-kind division is significantly reduced compared to the share value in the co-owners before the partition of co-owned property.

Therefore, even if it is formally possible to divide the common property in kind, if it is not possible to divide the common property in kind according to the share ratio of each co-owner in kind, it is necessary to divide the common property by the method of payment in kind, not by the method of installment, in consideration of the location, area, surrounding roads, use value, price, ownership share ratio of co-owner, use and profit-making.

In addition, when co-owned land is divided in kind according to the co-owned share ratio, if the part to be owned by one co-owner is too small and it is impossible to construct the land on the ground, the value of the part shall be divided.

참조조문

-민법 제269조 제1항

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