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(영문) 부산지방법원 2015.03.17 2014가단18878
공유물분할
Text

1. The amount remaining after deducting the auction expenses from the price, which is put up for an auction by selling the 644m2 in the Geum-gu Busan Metropolitan Government H.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendants shared each co-ownership share of 644 square meters of H-owned forest land in Geumcheon-gu Busan (hereinafter “instant land”) in proportion to the co-ownership shares listed in the separate sheet of co-ownership.

B. The Plaintiffs and the Defendants did not reach an agreement on the method of dividing the instant land.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since an agreement was not reached between the plaintiffs sharing the land of this case and the defendants as to the method of division, the plaintiffs, co-owners, may file a claim against the defendants, who are other co-owners, for the partition of the land of this case.

B. Next, in a lawsuit for partition of co-owned property, the court shall issue an order for partition according to the share ratio in a reasonable manner, comprehensively taking into account the co-ownership relation or all the circumstances of the property which is the object thereof, and in principle, the share ratio refers to the share ratio according to the share ratio. Thus, if the shape, location, use condition, or economic value of the object to be partitioned is not equal, in principle, the economic value should be adjusted according to the share ratio. In addition, in a trial, the partition of co-owned property should be ordered by the method of in-kind division. However, even if it is impossible or possible in kind, if the price might be significantly reduced due to the lot division, the auction of the co-owned property should be ordered, by the so-called price division, if the price might be reduced remarkably due to the lot division."

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