(영문) 광주지방법원 2020.07.16 2019가단19547

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(영문) 광주지방법원 2020.07.16 2019가단19547

공유물분할

Text

1. The plaintiff shall sell the E Forest E, 3,141 square meters at auction in Naju, and the remaining amount after deducting the auction expenses from the price.

Reasons

1. Basic facts

A. The plaintiffs and the defendant share the forest land of this case in 8,273/11,612 shares in the plaintiff A, the plaintiff C shares in 3,141/11,612 shares, and the defendant shares in 198/11,612 shares.

B. There was no agreement between the plaintiffs and the defendant on the method of dividing the forest of this case until the date of closing the argument in this case, and there was no special agreement on the use of the forest of this case, but there was no special agreement not to divide the forest of this case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination:

A. According to the above facts acknowledged as above, the plaintiffs, co-owners of the forest of this case, can claim the division of the above forest land against the defendant, who is another co-owner.

B. As a lawsuit for partition, one method of partition is a litigation for formation, and the co-ownership relation as to the objects of co-ownership is to resolve the co-ownership relation with the objects of co-ownership by exchanging or selling shares among co-owners. Thus, the court shall make a reasonable partition according to the co-owner's share ratio according to the co-ownership relation or the situation of the objects, without being able to seek a partition of co-owned property, according to free discretion, depending

Furthermore, it is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person, comprehensively taking into account the cause of the co-ownership, the ratio of co-ownership to co-ownership, the economic value of the co-ownership in the case of division, the desire of co-owners for the method of division, etc. If there are special circumstances to recognize that acquiring the price of the co-ownership to another co-owner does not impair the substantial fairness of the co-owner, the jointly owned property shall be owned by one of the co-owners, or by several co-owners, but the co-owners

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