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(영문) 수원지방법원 2020.12.29 2019가단534788
공유물분할
Text

Out of 14,544 square meters of D forest land in Sung-si, the ship connects each point in attached Form 1, 2, 3, 20, 21, 22, and 1 in sequence.

Reasons

1. Facts of recognition;

A. Of D forest land 14,544 square meters (hereinafter “instant forest”), the Plaintiff shares as to 1/4 shares, and Defendant B shares as to 6/20 shares, and Defendant C shares as to 6/144.8/1454 shares.

B. The Plaintiff is also the owner of E-si land for factory in e.g., the area adjacent to the west of the instant forest. The Plaintiff is operating the business of manufacturing synthetic resin at the factory on the ground of the said land for factory.

C. As of the closing date of the instant argument, there was no agreement between the Plaintiff and the Defendants on the division method of the instant forest.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the land of this case, may request the Defendants, who are other co-owners, to divide the land of this case.

B. Furthermore, we examine the method of partition of co-owned property

1. The court shall, in principle, divide the article jointly owned in kind into money if the co-owners voluntarily choose the method of consultation, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, and the court may order the auction of the article only when the value of the article is likely to be significantly reduced if the article is divided in kind or in kind. Thus, barring such circumstances, the court shall decide to recognize the sole ownership of each co-owner for the article jointly owned as it is divided into several articles in kind in proportion to the share ratio of the co-owner, and the method of division shall be reasonable division according to the share ratio of the co-owner at the discretion of the court, rather than by the method requested by the parties concerned, according to the co-ownership relation or the overall situation of the article which is the object.

When land is divided, in principle, each co-owner acquires land.

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