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(영문) 광주지방법원순천지원 2019.11.26 2017가단9651
공유물분할
Text

1. The attached appraisal sheet marks 1, 2, 3, 4, 25, 26, 27, 28, 29, 30, and 1, each point of E forest land, E, 65,169 square meters, and the attached appraisal sheet.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared 1/3 shares of E forest land E, E, 65,169 square meters (hereinafter “instant land”) and 3,273 square meters of forest land in Ycheon-si (hereinafter “instant land 2”).

B. Until now, the Plaintiff and the Defendants did not reach an agreement on the division method of the land No. 1 and the land No. 2.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the claim on the land No. 1 of this case

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the instant land No. 1, can file a claim for partition against the Defendants, who are other co-owners pursuant to Articles 268 and 269 of the Civil Act for the partition of co-owned land of this case.

B. Division of the method of partition of co-owned property may be decided at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. The court may order the 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 each co-owner's own ownership for the divided property according to the share ratio of each co-owner's own property. The method of partition shall be a reasonable division according to the share ratio of the co-owner at the discretion of the court, rather than by the method at which the parties seek, but at the discretion of the court (see Supreme Court Decision 2004Da10183, Jul. 22, 2004).

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