(영문) 춘천지방법원속초지원 2019.09.20 2019가단120

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(영문) 춘천지방법원속초지원 2019.09.20 2019가단120

공유물분할

Text

1. The defendant (appointed party) and the designated parties are attached Table 20,062 square meters among the 20,062 square meters of Gangwon-gun C forest in Gangwon-gun from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant (Appointed Party) and the designated parties (hereinafter “the Defendants”) share the area of 20,062 square meters of Gangwon-gun C forest land (hereinafter “instant land”) in proportion to their respective shares indicated in the attached Table “public land portion”.

B. 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 evidence 1 to 3, purport of the whole pleadings

2. According to the facts acknowledged above, the Plaintiff, a co-owner of the land of this case, may file a lawsuit against the Defendants, who are other co-owners, in accordance with Article 269(1) of the Civil Act, to divide the land of this case.

3. Method of partition of co-owned property;

A. In the case of the division of an article jointly owned by many persons, in principle, each co-owner's land size shall be equal to the share of co-owner. However, if the form or location of the article jointly owned by each co-owner is not necessarily to be divided in such a way, and if the form or location of the article jointly owned by each co-owner is not equal, or the use status or economic value is not equal, it is also allowed to divide the economic value in proportion to the share ratio, taking into account all such circumstances into account. If certain requirements are met, it is allowed to divide the article by requiring the co-owner to adjust the excess or excess of the economic value in cash between the co-owners. Furthermore, it is recognized that it is reasonable to acquire the article jointly owned by each co-owner in consideration of the cause of the co-ownership relationship, the economic value of the co-owner's share, and the wishes of the co-owner in the division method, and if there are special circumstances where the acquisition of the price of

참조조문

-민법 제269조 제1항

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