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(영문) 창원지방법원통영지원 2016.11.29 2015가단8697
공유물분할
Text

1. The Defendants, from the Plaintiff, share of 4/126 square meters in H 7,240 square meters in forests and fields H 7,240 square meters, are divided into common property.

Reasons

The forest land in this case, which created the partition of co-owned property, is jointly owned by the Plaintiff 4/21, Defendant B 1/21, Defendant C4/21, Defendant D1/21, Defendant E1/21, Defendant E1/21, Defendant F4/21, Defendant G6/21, and Defendant G6/21. The fact that there was no dispute between the parties, or that there was no agreement between the Plaintiff and the Defendants as to the method of partition of the forest land in this case by the closing date of pleadings, may be acknowledged in the evidence Nos. 1, 2, and 3.

According to the above facts, the Plaintiff, a co-owner of the forest of this case, may request the Defendants, other co-owners, to divide the forest of this case pursuant to Article 269(1) of the Civil Act.

As a lawsuit of partition of co-owned property, the legal doctrine regarding the method of partition of co-owned property is formed, and it refers to resolving the co-ownership relation as to the objects of co-owned property by exchanging or selling shares among co-owners. As such, the court shall make a reasonable partition according to the co-owner's share ratio according to the co-ownership relation or all the circumstances of the objects, regardless of the method requested by the claimant for partition of co-owned property, according

(See Supreme Court Decisions 93Da27819 delivered on December 7, 1993, 97Da18219 delivered on September 9, 1997, etc.). Therefore, in cases of dividing an article jointly owned by multiple persons, the area of the land acquired by each co-owner shall be equal to that of the co-owner’s share in principle, but it is not necessarily required to be divided in such a way. If the form or location of the article jointly owned, the use of the article, or the economic value is not equal, it is also allowed to divide the article in proportion to the share ratio in consideration of all the above circumstances, and if a certain requirement is met, it is also allowed to divide the article in proportion to the share ratio in kind.

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