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(영문) 창원지방법원마산지원 2020.01.29 2019가단100328
공유물분할 등
Text

1. The remainder of the money, which is 212 square meters or more prior to the Hamban-gun, Hamban-gun, from which the auction costs are deducted from the proceeds of sale.

Reasons

1. According to the evidence Nos. 1 and 2 as to the claim for partition of co-owned property, the Plaintiff and the Defendants, as co-owners of 212 square meters (hereinafter “instant land”) prior to Gyeongnam-gun, Gyeongnam-gun, respectively, hold one-fourth share of the instant land. The fact that consultation on the method of partition of the instant land between the Plaintiff and the Defendants did not lead to an agreement on the method of partition of the instant land is significant in this court.

Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the instant land, has the right to claim the partition of the instant land against the Defendants, other co-owners.

2. According to the result of the inquiry and reply about the fact-finding regarding the Hawan-do Hawan-do court's method of partition of co-owned property, the land in this case can be recognized as being designated as a "production management area" among the "management area" under Article 36 subparagraph 2 of the National Land Planning and Utilization Act (hereinafter "National Land Planning Act").

Meanwhile, according to Article 56 (1) 4 of the National Land Planning and Utilization Act and Article 51 subparagraph 5 (a) (a) of the Enforcement Decree thereof, the division of land conducted without obtaining permission, authorization, etc. under the relevant Acts and subordinate statutes within a management area shall be permitted by the Special Metropolitan City Mayor, Metropolitan City Mayor, or the head of a Si/Gun (hereinafter “person entitled to permission for development acts”). Article 58 (3) of the National Land Planning and Utilization Act provides that "where land is partitioned without permission, etc. granted under relevant Acts and subordinate statutes, it shall be divided into at least the size of the division under Article 57 (1) of the Building Act and at least the size prescribed by urban or Gun planning ordinance, and accordingly, Article 22 subparagraph 2 of the Ordinance on Planning of Haan-Gun (Ordinance No. 2470) of the Haan-do, Gyeongan-do) shall be the minimum partitioned area.

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