Text
1. It shall be divided into the Plaintiff’s sole ownership of 11,615 square meters of E forest land in Chuncheon, Gangwon-do.
2. The plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a right holder (11,952 shares) of 192/2047 of E- 11,615 square meters of forest land (hereinafter “instant land”) in Chuncheon-si, and the Defendant is a right holder of 330/12,282.
B. As of August 28, 2019, the date of closing the argument in the instant case, the Plaintiff and the Defendant did not reach an agreement on the method of division.
(In the method of in-kind division, the defendant claims the ownership of a specific land and there is a substantial difference between the plaintiff and the defendant in the value in the case of the share purchase method).
The topography of the instant land is as shown in attached Table 1, and the land category is a natural forest as an irregular land in the lower slope zone down to the north-dong, and it is impossible to divide it according to Article 25 of the Urban Planning Ordinance of Chuncheon City where the land category does not exceed 1,00 square meters as a “forest.”
The appraised value of the shares owned by the Defendant is KRW 50,856,00 as of April 3, 2019.
[Ground of recognition] Unsatisfy, Gap evidence 2, appraiser F's appraisal report, the purport of the whole pleadings
2. Determination
A. As a lawsuit for partition of co-owned property, the legal doctrine is formed, and it refers to resolving the co-ownership relation as to the objects of co-ownership by exchanging or selling shares among co-owners. As such, the court shall make a reasonable partition according to the co-owners’ share ratio according to the co-ownership relation or the overall circumstances of the objects which are the objects of co-owned property at free discretion, not by the method requested by the claimant for partition of co-owned property (see Supreme Court Decision 2004Da30583, Oct. 14, 2004). In this case, if certain requirements are met, division is permitted by adjusting the economic value of each co-owner’s money in excess of or in excess of monetary value (see Supreme Court Decision 91Da2728, Nov. 12, 191). In principle, one or part of co-owners as the method of partition of co-owned property is jointly owned by the co-owner.