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(영문) 대구지방법원경주지원 2017.07.04 2016가단5668
공유물분할
Text

1. The Plaintiff shall sell 554 square meters of C forest land at auction at the racing-si, and the remaining money after deducting the auction expenses from the proceeds.

Reasons

1. Facts of recognition;

A. As to the land indicated in the text of the disposition (hereinafter “the forest of this case”), the Plaintiff owns 1/4 shares, 1/2 shares in Defendant A, and 1/4 shares in Defendant B.

B. The Plaintiff intended to divide the forest of this case, but did not reach an agreement on the method of division with the Defendants until the date of closing the argument of this case.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. Determination as to the cause of action

A. According to the facts acknowledged above, the Plaintiff may claim against the Defendants the partition of the instant forest land pursuant to Article 269(1) of the Civil Act.

B. As a matter of principle, the method of partition in kind can be divided in accordance with the share of each co-owner. However, if it is impossible to divide in kind or in kind, or if it is apprehended that the value might be significantly reduced if the division in kind might be considerably reduced, the auction may be ordered to divide in kind. In the price division, the requirement does not physically strictly interpret it, but includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location or size of the common property, the situation of use, the use value after the division, etc. (see, e.g., Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009). The plaintiff wanted to divide in kind, and the defendants want to have the auction division in kind. The plaintiff and the defendants should be able to present any opinion by the date of closing argument with the copy of the complaint stating the purpose of the auction division. The plaintiff and the surrounding parties should be able to calculate the forest and fields in kind.

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