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(영문) 수원지방법원평택지원 2015.09.18 2013가단8347
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the F forest land 32,958 square meters in Ansan-si.

Reasons

1. Facts of recognition;

A. The forests and fields of this case are owned by the Plaintiffs and the Defendants in each share ratio of 25215/20, 147318/201720, 1,986/201, and 720, respectively.

B. The Plaintiffs and the Defendants did not agree on the method of dividing the instant forest land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, since the plaintiffs, co-owners of the forest of this case, and the defendants did not reach agreement on the method of partition, the plaintiffs can file a lawsuit against the defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act, for the division of the forest of this case, barring any special circumstance.

B. Determination 1) As a matter of principle, the partition of co-owned property in kind can be divided in kind as long as the value of each co-owner's share can be divided in kind. The auction of the goods can be ordered only when the value of the goods might be significantly reduced if it is impossible to divide in kind or in kind. In the price division, the requirement is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location and size of the co-owned property, the situation of use, and the use value after the division. Further, even if a co-owner's co-owner's act of dividing in kind, it includes cases where the value of the portion to be owned by the co-owner in kind might be significantly reduced compared to the share value before the division (see Supreme Court Decision 200Da4580, Apr. 12, 200), and evidence No. 1537, Nov. 15, 200).

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