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(영문) 대전지방법원 서산지원 2018.10.10 2017가단5749
공유물분할
Text

1. A ship which connects each point of the attached Table 6, 7, 8, 12, and 6 in sequence among the 8,802 square meters of land in Seosan-si E-do.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared 1/4 shares of 8,802 square meters of forest E in Seosan-si (hereinafter “instant land”).

B. Until the closing date of the instant argument, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land of this case against the Defendants, who are other co-owners, pursuant to Articles 268 and 269 of the Civil Act.

B. The method of partition of co-owned property (1) is, in principle, the method of partition may be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind. The court may order the auction of the property only when the value of the property is considerably reduced if it is impossible to divide it in kind or it is possible to divide it in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several items in kind at the share of each co-owner. The method of partition is not the way requested by the parties, but it is reasonable division according to the share ratio of the co-owner at the discretion of the court or the overall situation of the article which is the object thereof (see Supreme Court Decision 2004Da10183, Jul. 22, 2004).

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