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(영문) 대구지방법원 김천지원 2018.08.09 2018가단585
공유물분할
Text

1. A ship which connects each point of 48,5, and 48 square meters in the annexed sheet among 20,628 square meters in Kimcheon-si, Kimcheon-si.

Reasons

1. According to the purport of Gap evidence Nos. 1, 2, and 3 as well as the entire pleadings, it can be acknowledged that the plaintiff 20,628 square meters of land C in Kimcheon-si (hereinafter "the forest of this case"), the defendant owned the shares of 19967/20628, the defendant owned the shares of 661/20628, and the fact that the plaintiff and the defendant did not reach an agreement on the division of common property between the plaintiff and the defendant. Thus, the plaintiff, the co-owner of the forest of this case, the co-owner of the forest of this case, may file a claim for the division of the forest of this case with the defendant

2. Division of the method of partition of co-owned property may be decided at will if the co-owners reach an agreement, but if the co-owned property is divided through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. The court may order the auction of the property only when the value of the property is likely to decrease substantially if the co-owners divide it in kind or in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several items in kind. The method of partition shall be, at the discretion of the court, reasonable division according to the share ratio of the co-owners according to the co-owner's co-owned relation or all the circumstances of the things which are the objects of the division (see Supreme Court Decision 204Da10183, Jul. 22, 2004; Supreme Court Decision 1, 2004Da10183, Jul. 22, 2004; 1, 30 evidence No.

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