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(영문) 인천지방법원 2017.04.27 2016가단8687
공유물분할
Text

1. Of the 14,380 square meters of F forest land in Incheon Strengthening-gun, the attached appraisal marks 20, 14, 15, 16, 17, 18, 19, and 20 square meters of forest land in the order of each point.

Reasons

1. The Plaintiff and the Defendants, the form of the right to claim partition of co-owned property, share 1/5 shares of 14,380 square meters of forest land in Incheon Reinforcement-gun (hereinafter “instant land”). (No. 1) and as the Plaintiff and the Defendants did not reach agreement on the method of partition of the instant land up to the present day, the Plaintiff, one of the co-owners of the instant land, may file a claim for partition of co-owned property against the Defendants, who are other co-owners, pursuant to Article 268(1) of the Civil Act.

2. Method of partition of co-owned property;

A. Division of an article jointly owned by the relevant legal principles can be selected at will if a consultation is held between co-owners, but if the article jointly owned is divided by 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 article only when the value of the article is likely to be significantly reduced if the article is divided in kind or it is divided in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the article jointly owned by dividing the article jointly owned into several articles in kind as it is, according to the ratio of shares of each co-owner, and the method of division shall be determined by a reasonable division according to the ratio of shares of the co-owner according to the co-owner's share, regardless of the method requested by the parties, according to the co-owner's share relationship or the overall situation of the article which is the object. Here, the ratio of co-ownership

Therefore, in the case of land partitioning, in principle, the area of land acquired by each co-owner should be equal to the ratio of the co-ownership. However, not necessarily, the form or location of the land, the use condition, or the economic value of the land shall not be equal.

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