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(영문) 수원지방법원여주지원 2020.08.25 2020가단53120
공유물분할
Text

In Ischeon-si, E, 4,785 square meters of forest land shall be put to an auction and the remaining money shall be deducted from the proceeds of the auction.

Reasons

The facts of recognition are that the plaintiffs and the defendant shared 4,785 square meters of E forest land (hereinafter "the land in this case") in the proportion of shares as shown in the attached Table attached hereto, and the plaintiffs and the defendant did not reach an agreement on the method of dividing the land in this case by the closing date of pleadings in this case. The fact that there is no partition prohibition agreement between the parties, or that there is no dispute between the parties, or that there is no partition prohibition agreement on the land in this case, and that it is acknowledged by

Judgment

According to the above facts established, the Plaintiffs, co-owners of the instant land, may file a claim for partition against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.

In the case of dividing the jointly-owned property through a judgment on the method of partition of co-owned property, it is a principle that dividing the jointly-owned property in kind in proportion to the share of each co-owner, or if it is impossible to divide it in kind or if it is possible to divide it in kind in kind in kind, the value thereof may be reduced remarkably, by ordering an auction of the property,

(1) In light of the aforementioned facts, the court below's determination that the land of this case was divided into part of the land of this case to the plaintiffs and the defendant in kind, and the remaining part of the land of this case to the plaintiffs and the defendant were jointly owned by the defendant. However, in the lawsuit claiming partition of co-owned property, the court below's determination that the land of this case was divided into part of the land of this case to the plaintiffs and the defendant in kind, and it is not allowed to maintain the co-ownership relation without dividing it (see, e.g., Supreme Court Decision 2009Da79811, Feb. 25, 2010). (2) The land of this case is divided into the part of the land of this case as the only passage to the public service and other parts.

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