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(영문) 대구지방법원 김천지원 2021.01.13 2020가단33335
공유물분할
Text

1. The remainder of the sale price calculated by selling 90913 square meters of forest land D in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-gun, and deducting the expenses for the auction from the sale price.

Reasons

1. The following facts are not disputed between the parties or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1.

A. On February 7, 2014, the ownership of one-third of the shares in the name of Defendant B, E, and F with respect to D Forest land 90913 square meters (hereinafter “the instant forest”) in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do (hereinafter “the instant forest”). However, on September 14, 2014, one-half of the shares in Defendant B, E, and F (the total of 3/12 shares) were transferred on the ground of sale and purchase on August 13, 2014, the ownership of Defendant C was transferred on September 14, 2014.

B. Since then, on February 5, 2020, the ownership of E and F shares (3/12 each of them) in the instant forest was changed due to sale and purchase on February 4, 2020. Accordingly, the instant forest land was jointly owned by the Plaintiff at the ratio of 2/4 (6/12) and 1/4 (3/12) of each of the Defendants, respectively.

(c)

On the other hand, on February 27, 2020 with respect to the Plaintiff’s share in the forest of this case, the registration of the establishment of the right to collateral security of KRW 1,079,00,000 was completed with respect to the debtor G and the mortgagee as H association.

(d)

Defendant C wishes to divide the portion (A) size of 22728,278,25 square meters, which was connected in order to each point of the attached Form 4, 5, 6, 7, 8, 9, and 4, into Defendant C’s ownership, but the Plaintiff and Defendant B did not consent thereto, and there was no agreement between the Plaintiff and the Defendants as to the method of dividing the forest of this case by the date of the conclusion of the pleadings of this case.

2. Determination:

A. In light of the above facts, the Plaintiff, a co-owner of the forest of this case, may request the Defendants, other co-owners, to divide the forest of this case pursuant to Article 269(1) of the Civil Act.

(b) Division of the jointly-owned property by trial shall be, in principle, made by the method of in-kind division in so far as it is possible to make a reasonable partition according to the shares of each co-owner, but it is impossible to divide it in-kind

Even if there is a significant price.

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