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(영문) 전주지방법원군산지원 2019.09.19 2017가단5858
공유물분할
Text

1. Attached Form 1. The amount of each land listed in the list is put to an auction and the auction cost is deducted from the price;

Reasons

1. Basic facts

A. Each land listed in the separate sheet No. 1. (hereinafter “each land of this case”) is jointly owned by the Plaintiffs and the Defendants at each share listed in the separate sheet No. 2.

B. As of the date of the closing of argument in the instant case, no agreement was reached between the Plaintiffs and the Defendants on the method of dividing each of the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the plaintiffs can file a claim against the defendants, other co-owners, for partition of each land of this case pursuant to Article 269(1) of the Civil Act.

B. 1) The partition of co-owned property by trial is, in principle, by the method of in-kind division as long as it is possible to make a rational partition according to each co-owner's share. However, even if it is impossible in kind or it is possible, if the price is likely to decrease substantially due to the fact, the auction of the co-owned property shall be ordered, and the price shall be divided (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). 2) According to the evidence No. 5, and the fact inquiry into the military market of this court, according to the purport of the pleading, each land of this case constitutes a production management area of the area outside the city, and the plaintiffs and the defendants may recognize that there is no entry with permission for the division of each of the above lands. Thus, in the case of production management area under Article 36 (1) 2 (b) of the National Land Planning and Utilization Act (hereinafter "National Land Planning Act"), the area of land to be divided under Article 251 (d. 26) of the National Land Planning Act

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