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(영문) 춘천지방법원강릉지원 2019.06.26 2018가단33813
공유물분할
Text

1. Of the 245 square meters in a three-dimensional G belt, each of the points in the attached Form 3, 4, 5, 6, 17, 16, 15, 14, 13, and 3 are successively connected.

Reasons

1. Facts of recognition;

A. At three occasions, the Plaintiff shares 43/74 shares, Defendant C, D, E, and F shares (Defendant C, D, E, and F inherited one-fourth of the above shares) in the proportion of shares of 17/74 shares (Defendant C, D, E, and F inherited one-fourth of the above shares) as the heir of Defendant B, B, 14/74 shares, and net H (Death on June 29, 1994).

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Plaintiff, a co-owner of the instant land, may file a claim for partition against other co-owners pursuant to Article 269(1) of the Civil Act.

B. In a case where an agreement on the method of partition is not reached, if an article jointly owned is divided by a trial, the court shall divide it in kind in principle. The court may order the auction of the article only when the value of the article is likely to be significantly reduced if the article is divided in kind or in kind. Thus, barring the above circumstances, the court shall divide the article jointly owned into several articles in kind, and render a judgment that recognizes the sole ownership of each co-owner for the article divided in kind, according to the share ratio of each co-owner.

The method of division would be to make a reasonable division according to the share ratio of co-owners according to the circumstances of co-ownership or the objects of the division at the discretion of the court, rather than by the method requested by the parties.

When land is divided, in principle, the area of land acquired by each co-owner shall be equal to the ratio of the co-owner's share, but if the certain requirements are met, it is also possible to divide the land by adjusting the excess or excess of the economic value between the co-owners in cash.

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