(영문) 창원지방법원진주지원 2020.08.27 2019가단247

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Reasons

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(영문) 창원지방법원진주지원 2020.08.27 2019가단247

공유물분할

Text

1. The respective points are 58 to 69, 49 to 55, and 58, 203 to 203,425 square meters of forest land E in Busan-gun, Busan-do.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants co-ownership of forest E 203,425 square meters (hereinafter “instant land”) in Gyeongnam-gun, Busan-do. The Plaintiff and the Defendants own 1/4 shares, respectively.

B. In the register of the land of this case, the non-party F stated that the non-party F shall hold 3/20 shares, and that the defendants hold 4/20 shares, but on February 4, 2020, the court rendered a ruling of recommending reconciliation to the effect that "F shall implement the procedure for the registration of ownership transfer with respect to each share of 1/20 of the land of this case." Since the above decision of recommending reconciliation became final and conclusive as it is, the actual share of the land of this case of the defendants is 1/4 (=5/20).

C. On January 11, 2019, the Plaintiff filed a lawsuit claiming the partition of the pertinent jointly owned property.

However, the Defendants did not submit a written reply and other preparatory documents, and they did not appear at the date of pleading, and thus there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Relevant legal principles

A. As a litigation over the partition of co-owned property, the court may order partition in a reasonable manner at its own discretion without having difficulty in claiming the partition of co-owned property by the plaintiff. Thus, in the case of the partition of co-owned property in kind, it is permitted to divide the co-owned property within the share limit of the co-owner and allow the remaining co-owners who do not want the partition to remain as co-owned property. However, even so, within the share limit of co-owner who requested the partition of co-owned property, the co-owned property should be resolved by selling in kind or by auction or division, and the sole ownership should be recognized. Even if the co-owned property claimant did not want to maintain the co-owned relation, the co-owned relation between the co-owner and the other

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