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(영문) 대전지방법원서산지원 2020.06.17 2019가단55687
공유물분할
Text

1. The Plaintiff and the Plaintiff shall sell 1596 square meters of D forest land at auction at the time of Jinjin-si and deduct the auction expenses from the price.

Reasons

1. In full view of the purport of the pleadings as a whole, the Plaintiff and Defendant C shares 1/4 shares, Defendant B shares 2/4 shares, and the fact that the parties did not reach an agreement on partition of co-owned property as to the land of this case among the Plaintiff and Defendant C shares of 1/4 shares, Defendant B shares of 2/4 shares, and it is acknowledged that the parties did not reach an agreement on partition of co-owned property as to the land of this case.

Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the instant land, can file a claim for partition of co-owned property against the Defendants.

2. Method of partition of co-owned property;

A. The partition of co-owned property by judgment is in principle divided in kind as long as a reasonable partition can be made according to the share of each co-owner. The auction of the goods can be ordered only when the value of the goods is likely to be significantly reduced if it is impossible to divide in kind or in kind. In the payment division, the requirement that "it cannot be divided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use status, and use value after the division, etc. of the co-owner's share.

in the case of a co-owner's act of dividing in kind, "if the value of the property is likely to decrease substantially, the value of the property may decrease substantially," also includes the case where the value of the property to be owned by the sole owner might decrease significantly more than the value of the property before the division.

B. (See Supreme Court Decision 2002Da4580 delivered on April 12, 2002).

In light of the above legal principles, the provisional seizure against Defendant C’s share was registered, and some of the instant land is used as a road, and both the Plaintiff and the Defendants present a specific method of spot-sale.

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