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(영문) 수원지방법원 2020.09.10 2019가단546866
공유물분할
Text

The amount of money remaining after deducting the auction cost from the sale price by selling 13,38 square meters for the forest land T-Woo-si.

Reasons

1. The facts of recognition are: (a) the Plaintiff and the Defendants shared the share of 13,388 square meters of forest land T (hereinafter “instant land”) in proportion to the shares as indicated in the attached Table; (b) the Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land by the closing date of pleadings; and (c) the fact that there was no partition agreement on the instant land does not exist any dispute between the parties; or (d) it is recognized by the entry of the evidence No. 1 and the purport of

2. Determination

A. According to the above recognition facts, the Plaintiff, a co-owner of the instant land, may file a partition claim against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

(b) In case of dividing the jointly-owned property through a judgment on the method of partition of co-owned property, in principle, if the co-owned property is divided in kind with the one in which a reasonable partition can be made according to the share of each co-owner, or if it is impossible to divide it in kind or in kind or if it is possible to divide it in kind, the value thereof may decrease remarkably,

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002, etc.). The following circumstances revealed by the facts and the basis for recognition as seen earlier, i.e., (i) the land of this case, which the Plaintiff wishes to divide into the Plaintiff, are adjacent to the access road and the value of which is higher than that of the attached Form 1 through 14, 18, 17, 15, 18, 16, 16, 16, and 1, connected in sequence with each of the items of 14, 15, 17, 14 of the land of this case, which is the most valuable part of the land of this case, and thus, the Plaintiff wishes to divide that the portion of the land of this case is owned by the Defendant M.

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