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(영문) 춘천지방법원 강릉지원 2018.11.14 2017가단2003
공유물분할
Text

1. The land indicated in paragraph 1 of the Attached List is successively linked to each point of Attached Map 26, 27, 28, 29, 30, and 27.

Reasons

1. Facts of recognition;

A. Each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) was owned by the Plaintiff at the rate of 5961/6120 shares, 39/6120 shares, and 120/6120 shares of the Defendant Korea Electric Power Corporation.

B. Following L's death on January 9, 1981, Defendant C, children of Defendant D, E, F, G, and network B, who are the wife of L's children, and Defendant D, E, F, G, and R jointly inherited each of the above shares.

C. The Plaintiff and the Defendants did not reach an agreement on the method of dividing each of the instant land.

[Ground of recognition] Facts without dispute, entry of Gap 1, 5 through 7 (including virtual numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the Plaintiff, a co-owner of each of the lands of this case, may request the other co-owners to divide the land pursuant to Article 269(1) of the Civil Act.

B. In a case where a co-owned property is divided through a trial due to a failure to reach agreement, the court shall, in principle, divide it in kind. The court may order the auction of the article only when the value of the article is likely to be significantly reduced if it is impossible to divide it in kind or in kind. Thus, barring the above circumstances, the court shall render a judgment recognizing the sole ownership of each co-owner for the article jointly owned by dividing it into several items in kind and then dividing it into two items according to the share ratio of each co-owner. The method of division shall be a reasonable division according to the share ratio of the co-owner according to the co-owner's co-ownership or the overall situation of the article which is the object of the co-ownership at the discretion of the court (see, e.g., Supreme Court Decision 2004Da10183, Jul. 22, 2004). 3 of this court, the result of the on-site verification by this court, and the purport of the entire survey and appraisal report by the Korea Appraisal Corporation.

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