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(영문) 전주지방법원 정읍지원 2018.11.08 2018가단1771
공유물분할청구의 소
Text

1. The Plaintiff shall sell the answer 3,435 square meters in order to sell them at auction, and the remainder which remains after deducting the costs of auction from the proceeds of sale.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared 1/3 shares each of E, Defendant B, and C, respectively, for the farmland of this case on March 16, 2018, and purchased E 1/3 shares and completed the registration of ownership transfer on March 20, 2018, thereby jointly sharing the instant farmland with 1/3 shares each of them.

B. The farmland in this case is farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act.

C. The Plaintiff and the Defendants did not reach an agreement on the method of partition of the farmland of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, fact-finding results against Jung-Eup, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the plaintiff and the defendants shared the farmland of this case and did not reach agreement on the method of partition. Thus, the plaintiff can file a claim against the defendants for the partition of the farmland of this case on the basis of his co-ownership, barring special circumstances.

B. As to the method of partition of the jointly-owned farmland, the method of partition of the farmland in this case, and the method of partition of the co-owned farmland in kind, in the case where the partition in kind cannot be made in kind or in kind can be made in the case where the value can be reduced remarkably. Article 22 of the Farmland Act exceptionally permits partition while restricting the in-kind partition of the farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act. The farmland in this case is the farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act. According to Article 22(2) of the Farmland Act, the farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act shall be divided into more than 2,00 square meters of each parcel after the partition.

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