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(영문) 전주지방법원 2019.10.31 2017가단18691
공유물분할
Text

1. Of each land listed in the attached list;

A. The Defendants listed in Paragraph 1 in the attached Table 1 of the co-ownership shares.

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet (hereinafter collectively referred to as “each of the instant land”) was jointly owned by the Defendants, who are I and their children (i.e., I/23, B1/23, C1/23, Defendant D1/23, Defendant E4/23, Defendant F4/23, Defendant F4/23, Defendant G6/23, Defendant H2/23, and Defendant H2/23), and the Plaintiff purchased 1/23 shares of each of the instant land through a compulsory auction on July 27, 2017, and completed the registration of ownership transfer for each of the instant shares on July 31, 2017.

B. On December 27, 1998, I died, and the Defendants, their children, divided 4/23 shares in each of the instant land (=4/23 x 1/7) by 4/161 shares, respectively.

C. Of the co-owners of each of the instant lands, Defendant C did not reach an agreement with the Plaintiff on the method of partition of each of the instant lands due to the unknown whereabouts, and Defendant G submitted to this court a written statement to the effect that it wishes to divide each of the instant lands in kind, and the remaining Defendants did not present any specific method of partition.

The officially announced land price of the land listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “land No. 1”) as of January 1, 2019 is 36,900/m2, and the officially announced land price of the land listed in paragraph (2) of the attached Table No. 2 (hereinafter referred to as “second land”) is 37,200/m20.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. In a case where an agreement is not reached, if an article jointly owned is divided by a trial, the court shall, in principle, divide it in kind. The court may order the auction of the article only when the value of the article is likely to be significantly reduced if it is impossible to divide it in kind or in kind. Thus, barring the above circumstances, the court shall divide the article jointly owned into several articles in kind, and render a judgment recognizing the private ownership of each co-owner for each divided article, according to the share ratio of each co-owner.

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