(영문) 대전지방법원공주지원 2016.12.22 2016가단706

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원공주지원 2016.12.22 2016가단706

공유물분할

Text

1. With respect to C forest land of 26,975 square meters in Si/Gu, each point of the attached sheet No. 1 through No. 7, 15, 16, 14, and 1 shall be in order.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant shared 1/2 shares of C Forest land 26,975 square meters (hereinafter “instant real estate”) in Si/Gun/Gu.

B. The Plaintiff and the Defendant did not have a special agreement prohibiting subdivision of the instant real estate, and no agreement on the method of subdivision was reached after the Plaintiff filed the instant lawsuit and the date of closing argument.

[Grounds for Recognition: The descriptions of evidence Nos. 1 and 2 and the purport of the whole pleadings]

2. Determination:

A. According to the above facts acknowledged as above, it is impossible to consult on the method of partition between the Plaintiff and the Defendant, a co-owner of the instant real estate, and the Plaintiff, as co-owner, may file a claim for partition of the instant real estate against the Defendant.

B. The plaintiff asserts that it is difficult to divide the proceeds in kind due to the nature of the real estate of this case, and sought a payment in installments by auction.

However, in the case of dividing an article jointly owned by a trial, if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the auction of the article may be ordered, and the "undivided in kind" requirement is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, situation of use of the article jointly owned and the use value after the division.

The phrase "if the value of the portion is to be reduced remarkably if it is divided in kind" includes the case where the value of the portion to be owned independently by the co-owner may be reduced significantly than the value of the share before the division even if the co-owner's share is divided in kind.

If the article jointly owned is divided by a trial, the court is in principle divided in kind.

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