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(영문) 대구지방법원서부지원 2016.05.18 2015가단21077
공유물분할
Text

1. The sales price shall be the remainder of 1431m2, i.e., Gyeongbuk-gun, Gyeongbuk-gun, and the auction cost shall be deducted from the sales price.

Reasons

1. Basic facts

A. The first 1431 square meters in Gyeongbuk-gu, Gyeongbuk-gu, I (hereinafter “instant land”) was owned by J, K, L, Defendant D, Defendant E, Defendant E, and Defendant F, respectively, as one-six shares. However, upon the death of J, Defendant B solely succeeded to said shares due to the inheritance due to the division of consultation. K died on June 23, 1994 and succeeded to said shares by Defendant C, G, and H.

B. On October 29, 2015, the Plaintiff acquired ownership by purchasing all L shares in the process of compulsory auction by Seo-gu District Court Branch M&D (Seoul District Court).

C. The instant land is an agricultural and forest area under the Act on the National Land Planning and Utilization and belongs to an agricultural promotion area under the Farmland Act.

The Plaintiff and the Defendants did not reach an agreement on the division of the instant land.

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 through 3, purport of whole pleadings

2. Division of the jointly-owned property can be selected at will if the co-owners reach an agreement, but if the jointly-owned property is divided by a trial due to a lack of agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is difficult to divide it in kind or if it is possible to reduce the value thereof remarkably, an auction is ordered to be made.

The agricultural promotion zone under the Farmland Act is designated for the efficient utilization and preservation of farmland. The farmland development project or the agricultural-based maintenance project is already being implemented or is being used for agriculture, or the land to be used for agriculture is being collectively located within an area which needs to be used for agricultural purposes due to the grouping of farmland according to the scale prescribed by the Minister of Agriculture, Food and Rural Affairs. The land in this case is farmland the area of which is one of 1431 square meters and is divided in kind according to the shares of both the Plaintiff and the Defendants.

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