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(영문) 청주지방법원 2016.03.16 2013가단159455
공유물분할
Text

1. Of the 3,720,360 square meters of I forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, I connected each point of the attached Table 1, 2, 3, 4, 5, 6, 7, and 1 in sequence.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendants are co-owners of the forest land listed in paragraph (1) of this case (hereinafter “the forest land of this case”). The Plaintiffs’ shares are 47,250/945,00, 945,000, Defendant C’s shares are 94,50/945,000, Defendant D’s shares are 54,593/945,000, Defendant E’s shares are 189,000/945,945,000, Defendant F’s shares are 214,200/945,000, Defendant G’s shares are 189,000/945,000, Defendant G’s shares are 109,207/94,500,500.

B. The Plaintiffs and the Defendants did not agree on the division of the instant forest land.

[Ground of recognition] without dispute, Gap evidence No. 4, and the purport of whole pleadings

2. Division of the jointly-owned property may be decided by the parties at their discretion, but if the jointly-owned property is divided by the court due to the failure to reach agreement, the court shall divide it in kind in principle. The court may order the auction of the goods only when it is impossible to divide it in kind or when the value of it is considerably reduced if it is divided in kind. Thus, barring the above circumstances, the court shall decide to divide the jointly-owned property into several items in kind and to recognize it as owned by each co-owner for the divided property in accordance with the share ratio of each co-owner, and the method of division shall be determined by the reasonable division according to the share ratio of co-owner according to the co-owner's share ratio, regardless of the method requested by the parties, according to the share ratio of the co-owner's co-owner's share ratio.

(2) In light of the aforementioned legal principles, the Plaintiffs are required to divide the property jointly owned by the Defendants in kind in principle at the court’s discretion, as the Defendants did not reach an agreement on the division of the property jointly owned. Thus, the Plaintiffs are required to divide the property in kind in a reasonable manner according to the share ratio between the Plaintiffs and the Defendants at the court’s discretion.

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