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(영문) 대전지방법원서산지원 2020.10.21 2020가단53595
공유물분할
Text

1. The Plaintiff and the Plaintiff shall sell 9m2 of D forest land at auction in Jinjin-si and deduct the auction cost from the price.

Reasons

1. In full view of the purport of the entire pleadings as to evidence Nos. 1 through 4 of co-ownership, the facts that the Plaintiff and the Defendant shared the land indicated in the Disposition No. 1 (hereinafter “instant land”) at the ratio of 1/2 shares, and that the co-ownership of co-owned property among the above parties did not lead to an agreement on co-owned property partition among themselves.

Therefore, the Plaintiff, a co-owner of the instant land, can file a claim for partition of co-owned property against the remaining co-owners pursuant to Article 269(1) of the Civil Act.

2. According to the evidence of the method of subdivision, the land of this case can be acknowledged as forest land with no length leading to a contribution, and considering these facts, it is difficult or inappropriate to maintain the utility value of the land of this case and to seek fair partition among co-owners.

Considering the circumstances above (see Supreme Court Decision 2002Da4580, Apr. 12, 2002). It is the most equitable and reasonable method to sell the land of this case at auction and distribute the remaining amount after deducting the auction cost from the price to co-owners according to the share sharing ratio.

3. Conclusion

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