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(영문) 대전지방법원천안지원 2019.11.06 2019가단103009
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the forest land of 996m2 in Dong-gu, Nam-gu, Seoul Special Metropolitan City.

Reasons

1. The occurrence of the claim for common property;

A. 1) The Dong-gu Seoul Special Metropolitan City I forest land 966m2 (hereinafter “instant land”) in Yanan-gu, Yandong-gu.

(2) On September 24, 2015, Defendant D, who is his wife, succeeded to the property of Defendant E, F, G, and H at the rate of 2/11 shares, and on February 21, 2019, the Plaintiff purchased 9/49 shares in the land of this case by J on February 21, 2019.

Ultimately, the Plaintiff and the Defendants shared the instant land at the same ratio as the shares in the separate sheet of co-ownership.

3) The Plaintiffs and the Defendants did not reach an agreement on subdivision of the instant land, and there was no agreement on the prohibition of subdivision of the instant land. 【The fact that there was no dispute over the grounds for recognition, the entries in Gap evidence No. 1, and the purport of the entire pleadings.

B. According to the above facts of recognition, the Plaintiff, a co-owner of the land of this case, may request the Defendants, who are other co-owners, to divide the land of this case pursuant to the main sentence of Article 268(1) and Article 269(1) of the Civil Act

2. Method of partition of co-owned property;

(a) In the case of dividing the article jointly owned by a trial, in principle, by dividing it in kind, or by dividing it in kind or by dividing it in kind, if the value thereof is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered, and the price may be paid in installments;

Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.

In addition, the part that can be owned independently by the in-kind division, even if the co-owner is a person, if the value of the division is likely to be significantly reduced.

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