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(영문) 대구지방법원 2015.06.16 2014가단41695
공유물분할, 현금분할
Text

1. The amount remaining after the amount of 10,701 square meters of forest I forest land, Cheongdo-gun, Cheongdo-gun, is put to an auction and the auction expenses are deducted from the proceeds thereof;

Reasons

1. The Plaintiff and the Defendants shared 10,701m2 (hereinafter “instant land”) of I forest land in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant land”) as indicated in the separate sheet by co-owner.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Co-owners who have created the right to claim partition of co-owned property may claim a partition of the co-owned property (main sentence of Article 268 (1) of the Civil Act), and if the consultation as to the method of partition of the co-owned property has not been reached, co-owners may request a court for partition, and if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such partition, the court may order

(Article 269 of the Civil Act) In accordance with Article 269 of the Civil Act, the Plaintiff, a co-owner, may claim a partition of the instant land against the Defendants,

3. As a matter of principle, partition of co-owned property according to the relevant legal doctrine is to be divided in kind as long as a reasonable partition can be made according to each co-owner's share. However, even if it is impossible or possible in kind, if the price might be reduced remarkably, the so-called price division shall be made by ordering the auction of the co-owned property and ordering the price to be divided. In payment division, the requirement does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, commercial value after the division, etc. of the co-owned property, in view of the nature of the co-owned property, location, and area thereof, commercial value after the division, etc. (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 2002Da4580, Apr. 12, 2002).

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