(영문) 수원지방법원 2016.09.08 2016가합960

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(영문) 수원지방법원 2016.09.08 2016가합960

공유물분할

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1. The amount remaining after the amount of 15,573 square meters of the D Forest land in Yong-si is put to an auction and the auction cost is deducted from the price.

Reasons

1. Basic facts

A. Of the land of this case, the Plaintiff owns 16,529/29,982 shares in the land of this case among the land of this case 15,573m2 (hereinafter “the forest of this case”). The Defendants own each share of 6726.5/29,982.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the forest of this case, which is public property, until the closure of the pleadings in this case.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal

2. Determination

A. The fact that the Plaintiff and the Defendants did not reach an agreement on the method of dividing the forest land of this case, which is jointly owned by the Plaintiff and the Defendants, is as seen earlier. Since no special agreement exists between the Plaintiff and the Defendants prohibiting the division of the jointly owned property, the Plaintiff may seek the division of the forest land of this case against the Defendants based on the joint ownership ownership.

B. 1) In a lawsuit for partition of co-owned property, the court shall order the division according to the share ratio in a reasonable manner, comprehensively taking into account the co-ownership relation or all the circumstances of the property which is the object thereof. Here, the share ratio refers to the share ratio, in principle, if the form, location, use or economic value of the object to be partitioned is not equal, in principle, the economic value is adjusted according to the share ratio.

In addition, the method of partition of co-owned property in kind according to a trial shall be, in principle, divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind in kind or if the value thereof is likely to 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 physically strict interpretation is not the nature, location or size of the co-owned property, and the size

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