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(영문) 대전지방법원홍성지원 2014.10.08 2013가단7578
공유물분할
Text

1. Of the forest No. 12,263 square meters in Hong-gun, Chungcheongnam-gun, Hongsung-gun, the respective points indicated in the Map No. 4, 5, 6, 9, 10, and 4 are successively connected.

Reasons

1. Claim for partition of co-owned property;

A. In full view of the purport of the entire argument in Gap evidence No. 1, the plaintiff and the defendant shared (the plaintiff's share 9,542/22,160, defendant's share 12,618/22,160, and defendant's share 12,618/22, and 160) the forest land No. 12,263 square meters (hereinafter referred to as "the land of this case") in Hong-gun, Hong-gun, Chungcheongnam-gun. The plaintiff may file a claim against the defendant for the division of the land of this case by the closing date of the argument of this case.

B. On June 9, 2006, the Defendant purchased shares of 12,618/22,160 square meters of land D 22,160 square meters of land (hereinafter “instant land before the instant partition”). At the time, there was an agreement between the Defendant and C on the sectional co-ownership relation between the Defendant and the Defendant to own the instant land inside, and thereafter, the land was divided upon the above agreement on June 3, 2009, and the co-ownership was not adjusted. The land owner of the instant land is the Defendant. Meanwhile, the Plaintiff succeeded to the sectional co-ownership relation after acquiring co-ownership share through the auction procedure conducted after the establishment of the sectional co-ownership relation. Thus, the Plaintiff’s claim for co-ownership of co-ownership should be rejected.

However, even if a sectional co-ownership relation was established as alleged by the defendant with regard to the land of this case, if some shares were disposed of as an auction in the sectional co-ownership relation, such shares shall be treated as representing sectionally owned co-ownership relation in the auction procedure, and there is no evidence to deem that the appraisal and the lowest auction price have been determined and the auction has been conducted. In principle, the object of auction shall be a whole parcel of land.

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