(영문) 서울중앙지방법원 2020.02.13 2018가단5153882

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(영문) 서울중앙지방법원 2020.02.13 2018가단5153882

공유물분할

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1. The forest land of the wife population S 15,366 square meters shall be put up for an auction, and the proceeds shall be excluded from the auction costs.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared the forest land of this case (hereinafter “the forest land of this case”) in the same share as the co-owner’s share list in the attached Form 15,366 square meters as the wife population S 15,366 square meters.

B. The Defendants attempted to sell the instant forest to a third party with the Plaintiff’s consent, but failed to sell the instant forest to the third party until the third date for pleading. As of the date for pleading of the instant case, the Plaintiff wanted to sell the instant forest by auction. The Plaintiff and the Defendants did not reach an agreement on the division of the instant forest.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, the co-owner of the instant forest, and the Defendants, did not reach an agreement on the method of partition of the instant forest. Therefore, the Plaintiff, as co-owner of the instant forest, may file a claim for partition of the said forest, which is jointly owned by the other co-owners, against the Defendants.

B. In principle, partition of co-owned property by one trial on the method of partition shall be made in kind as long as a rational partition can be made according to the share of each co-owner. However, if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, the auction of the co-owned property shall be ordered, and the price shall be divided by the so-called price division.

The requirement that a "in-kind can not be divided" in the price division is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the common property.

Although it is formally possible to divide in kind.

The location, area, and surrounding road conditions of the article jointly owned.

유사 판례

-서울중앙지방법원 2020.02.13 2018가단5153882

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