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(영문) 대전지방법원 2017.07.06 2015가단42602
공유물분할
Text

1. The amount remaining after deducting the auction cost from the proceeds of the auction by attaching the 24397m2 in the Dong-gu Daejeon Special Metropolitan City N forest to the auction.

Reasons

1. In full view of the purport of the argument as to the statement No. 2 as to the claim for partition of co-owned property, the current status of ownership on the register of 24397 square meters of N Forest land (hereinafter “instant land”) in Dong-gu Daejeon-gu, Daejeon-gu, as shown in the attached list. The O inherited the property of Defendant I, his children, and Defendant J, K, L, and M as wife on July 6, 2012, and the Plaintiff and the Defendants shared the share of the instant land in accordance with paragraph (1) of the disposition, and it can be acknowledged that the Plaintiff and the Defendants did not reach an agreement on partition of the instant land until now. As such, the Plaintiff, co-owner, may claim a partition of co-owned property against the Defendants pursuant to Articles 268 and 269 of the Civil Act.

2. Co-owned property partition by judgment on the method of partition may be divided in kind, in principle, or in kind, as long as it is possible to make a rational partition according to the shares of each co-owner, or if it is impossible to divide in kind or in kind, or if the value thereof is likely to be significantly reduced if it is difficult to do so. In the payment division, the requirement that “it is not possible to divide in kind” is not physically strict interpretation, but physically strict interpretation is not to include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner’s

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002). Therefore, in light of the following circumstances, the land use area of this case is impossible to divide in kind less than 200m2 in a natural green area into a natural green area, and the fact that it is highly likely that part of the divided land will be a land with no access road if divided in kind, the land of this case will be divided through auction.

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