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(영문) 서울남부지방법원 2015.07.24 2014가단205328
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the answer 9,910 square meters to the auction of Hongsung-gun, Hongnam-do.

Reasons

1. Basic facts

A. E’s failure to pay taxes of 991/19820 shares of 9,91/19820 shares of Hongsung-gun, Hongnam-do (hereinafter “instant land”). Dobong-gu Seoul Special Metropolitan City and Nowon-gu seized the said E shares, and the Korea Asset Management Corporation made a public announcement on January 30, 2013 and conducted a public auction.

B. On February 6, 2014, the Plaintiff (Appointed Party (hereinafter “Plaintiff”) A, F, and G participated in the above public sale procedure and acquired E shares on February 6, 2014. On the 17th of the same month, Plaintiff A and Plaintiff F and G completed the registration of ownership transfer as to their shares in 480/19820, respectively. The instant land is jointly owned by the Plaintiff, the Defendant (Appointed Party; hereinafter “Defendant”); H, I, J, K, L, M, and N as the shares in the separate sheet.

C. As to the method of dividing the instant land, there was no agreement between the Plaintiff, the Plaintiff’s designated parties, and Defendant B, C, and Defendant’s designated parties.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence No. 1, and the purport of the whole pleadings

2. Determination:

A. According to the existence of partition of co-owned property and the method thereof, the Plaintiff and the Plaintiff’s designated parties, co-owners of the land of this case, may file a claim for partition against the other co-owners, the Defendants, and the Defendant’s designated parties, pursuant to Article 269(1)

The division of the article jointly owned by the co-owners may be selected at will if there is an agreement between the co-owners, but if the article jointly owned is divided by a trial due to the lack of agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind or if the value is considerably reduced, it is necessary to divide the article in kind by order of auction.

In addition, minor designation constitutes an agricultural infrastructure improvement project under Article 2 subparagraph 5 of the Rearrangement of Agricultural and Fishing Villages Act, and according to Article 22 (2) of the Farmland Act.

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