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(영문) 서울동부지방법원 2018.11.02 2015가단119599
공유물분할
Text

1. Of the 11,679 square meters of C Forest land in Kim Jong-si, each point in the attached Form 1,2,3,4,14,15,16, 17, 18, 19, 20, 21, and 1.

Reasons

1. The Plaintiff and the Defendant shared 1/2 shares of 11,679 square meters of C Forest land in Kim Jong-si, Kim Jong-si (hereinafter “instant land”). The facts that the Plaintiff and the Defendant did not reach an agreement on the method of partition of the instant land until the date of closing argument in the instant case are either disputed between the parties or acknowledged by comprehensively taking into account the purport of the entire pleadings in the statement No. 1.

2. Determination

A. According to the facts acknowledged above, the Plaintiff, a co-owner of the land of this case, may file a lawsuit against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act, to divide the land of this case. The mere fact that the land of this case is used as a pre-sale cannot be seen otherwise solely for the Defendant’s assertion.

B. The method of partition of co-owned property may be selected at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial because they did not reach an agreement, the court shall divide it in kind in principle. The court may order the auction of the goods only when the value of the property might be reduced remarkably if the co-owners divide it in kind or if it is impossible to divide it in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind, and then the method of partition shall be determined by a reasonable partition according to the share ratio of the co-owner at the discretion of the court, rather than by the method requested by the parties, according to the co-owner's share ratio. In principle, in the case of dividing the land, the area of the land acquired by each co-owner is the co-owner.

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