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(영문) 대전지방법원서산지원 2017.08.08 2015가단3114
공유물분할
Text

1. The land listed in Attachment 1 List 20, 21, 22, 18, 19, and 20 shall turn in order.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 3, the plaintiff and the defendants shared each land listed in the separate sheet No. 1 in the corresponding column of the separate sheet No. 2, and the facts that the agreement on the division of each land listed in the separate sheet No. 1 is not concluded between the plaintiff and the defendants.

Therefore, the Plaintiff may, pursuant to Article 269(1) of the Civil Act, file a claim against the Defendants for the partition of each land listed in the separate sheet No. 1.

Furthermore, the method of division is examined.

Division of the jointly-owned property may be selected at will if there is an agreement between the co-owners. However, if the jointly-owned property is divided by a trial due to a lack of agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the price may be reduced remarkably, and the auction of the property may be ordered to be paid in installments.

(2) In full view of the following circumstances, each of the lands listed in the separate sheet No. 1 is actually impossible to divide in kind according to the equity among the co-owners because there are multiple co-owners as a franchise, the remainder other than Defendant D, and the Defendants wish to sell or divide each real estate listed in the separate sheet No. 1, or failed to submit their opinions on the method of partition, among the lands listed in the separate sheet No. 1, the annexed sheet No. 20, 21, 22, 18, 19, and 20 shall be divided into the land listed in the separate sheet No. 1, and the land No. 1,629 is divided into the land owned by Defendant D, and the same appraisal No. 1 through No. 18,22, 21, 201, and 19, and 201, and the land No. 20,629, 1,629,000.

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