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(영문) 의정부지방법원 2020.06.11 2019가단118173
공유물분할
Text

1. Each real estate listed in the attached Table 1 “Real Estate List” shall be put to an auction and the proceeds of the auction shall be deducted from the auction.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are co-owners sharing each real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant land”) at the ratio indicated in the separate sheet No. 2.

B. As to the instant land, there was no division agreement between the parties by the date of the closing of the instant argument, and there was no division prohibition agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

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

B. As a matter of principle, the method of partition of co-owned property according to the relevant legal principles is to be divided in kind as long as a reasonable partition can be made according to the share of each co-owner. However, if it is impossible to divide in kind or in kind, if the value might be significantly reduced, an auction may be ordered to divide in kind. In the price division, the requirement that "it may not be divided in kind" 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, size, use situation of the co-owned property, the use value after the division, etc. (see, e.g., Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009).

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