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(영문) 광주지방법원 2018.11.29 2017가단17691
공유물분할
Text

1. Of the 133,48 square meters of the forest land in Jeonsung-gun 13, 133 and 488 square meters, the attached Table Nos. 1,2,3,4,5,6,7,7,8,9,10,11,12,13,14, 15, 16, and 16.

Reasons

1. In full view of the purport of the entire pleadings as to the entry of evidence No. 1 as to the right to partition of co-owned property, the Plaintiff and the Defendant shared the 1/2 share of 1/2 shares, respectively, with respect to the forest land of this case among the Plaintiff and the Defendant. As such, the Plaintiff, co-owner of the forest of this case, as co-owner, may file a claim against the Defendant for partition of the forest of this case jointly owned pursuant to Article 269(1) of the Civil Act.

2. Division of the method of partition of co-owned property may be decided voluntarily if the co-owners reach an agreement. However, if the co-owned property is divided by a trial due to a failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if the value of the property is likely to decrease substantially, the court may order the auction of the property. Thus, barring the above circumstances, the court shall make a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several items in kind, and each co-owner's own ownership for the divided property according to the share ratio of each co-owner. Barring the above circumstances, the method of partition shall not be determined by the method requested by the parties, but by the court's discretion, it shall be reasonable division according to the share ratio of co-owners depending on the co-owned relation or all the circumstances of the property which is the object thereof (see, e.g., Supreme Court Decision 2004Da10183, Jul. 22, 2004).

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