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(영문) 인천지방법원 부천지원 2017.04.27 2016가단11877
공유물분할
Text

1. The amount remaining after the amount of 11,207m2 G forest G 11,207, which is referred to an auction and the auction cost is deducted from the price;

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant shared 11207m2 (hereinafter “instant land”) in proportion to co-ownership shares listed in the attached Form, G forest land in Incheon Strengthening-gun (hereinafter “instant land”).

B. There is no partition prohibition agreement between the plaintiffs and the defendant on the land of this case, and no agreement on the partition method of the land of this case has been reached until the date of closing the argument of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. Determination:

A. According to the above facts acknowledged as above, the Plaintiffs, co-owners of the land of this case, may file a claim for partition against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.

B. In principle, partition of co-owned property in kind can be divided in kind as long as the share of each co-owner can be reasonably divided. However, even if it is impossible in form or possible, if the value of the co-owner's co-owned property might be significantly reduced, the so-called price division can be made by ordering the auction of the co-owned property, but it cannot be divided in kind in the price division. It does not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner's co-owner's property, and it also includes cases where the value of the co-owner's co-owner's property might remarkably decrease compared with the share value before the division (see, e.g., Supreme Court Decision 200Da42828, Apr. 22, 2002).

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