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(영문) 대구지방법원상주지원 2019.04.24 2018가단6395
공유물분할
Text

1. AG 2,268 square meters, AH 552 square meters, both of which are 2,268 square meters in a door-to-door;

A. The annexed map No. 5 through 19, 5 is marked out of 2,268 square meters in the field of literature Dog-si.

Reasons

1. Facts of recognition;

A. AG 2,268 square meters and AH 552 square meters (hereinafter “instant 1 and 2 land”) are co-owned land on the register that the Plaintiff owns 2/3 shares and 1/3 shares in the register.

B. The AI died on March 22, 1990, and the defendants are the successors or successors of AI in succession order, and their inheritance shares are as shown in the attached Table 2 of shares in succession.

C. Until the date of the closing of argument in the instant case, there was no agreement on the method of dividing the instant 1 and 2 land between the Plaintiff and the entire Defendants.

[Based on the recognition] Defendant H, V, and AF: Each entry in the evidence Nos. 1 and 2, the purport of the entire pleadings, and the remainder of the Defendants except Defendant H, V, and AF: Confession (Article 150(3) of the Civil Procedure Act)

2. Determination on the cause of the claim

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the instant 1 and 2 land, can file a claim for partition against the Defendants, who are other co-owners, as to the instant 1 and 2 land jointly owned pursuant to Articles 268 and 269 of the Civil Act.

B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall in principle divide it in kind, and if it is impossible to divide it in kind or if it is possible to divide it in kind, the price can be divided by ordering auction of the property only when the value might be reduced remarkably. Thus, barring the above circumstances, the court shall decide to divide the co-owned property into several items in kind, and to recognize the sole ownership of each co-owner for the divided property according to the share ratio of each co-owner. The method of partition shall not be determined by the parties, but by the court's discretion, depending on co-ownership relation or all the circumstances of the property which is the object thereof.

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