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(영문) 대전지방법원 천안지원 2021.03.16 2020가단1338
공유물분할
Text

1. The plaintiff shall sell 605 square meters in Masan-si to auction and deduct the auction expenses from the price.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B, C, D, E, F, and net N own each 1/7 share of each of the 605 square meters M&M in Asia-si (hereinafter “instant land”).

B. The deceased on December 24, 1987, and the inheritor was the spouse of the Defendant G, Defendant H (Marriage, February 10, 1987), Defendant I was not married until September 1, 1987, and Defendant I appears to have been married around 1988, after the commencement of inheritance;

Defendant J, Defendant K, and Defendant L.

(c)

The share ratio between the Plaintiff and the Defendants is as shown in the attached list, and no agreement was reached between the Plaintiff and the Defendants on the method of dividing the land of this case until the closing of pleadings of this case.

[Grounds for recognition] The items in Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the facts found above, since the Plaintiff and the Defendants, co-owners of the instant land, did not enter into an agreement on the method of partition, the Plaintiff may file a claim against the Defendants, who are other co-owners of the instant land, for the partition of the instant land.

(b) Division of an article jointly owned by a decision on the method of partition shall, in principle, be made in kind so that it can be reasonably divided according to the shares of each co-owner, but it is impossible to divide the article in kind or it is possible in form;

Even if there is a concern that the price will be significantly reduced due to that, the court may allow the division of the jointly owned property by the method of dividing the price by order of auction of the jointly owned property (Article 269(2) of the Civil Act). According to the above facts and the purport of the entire pleadings, the land category and area of the instant land is not less than 605 square meters, and the number of co-owners reaches 12 persons. If the instant land is divided in kind, it is difficult for the Plaintiff and the Defendants to own approximately 50.4 square meters of each of the instant land and utilize it as the site because it is difficult for the Plaintiff and the Defendants to use it as the site.

Therefore, it is true.

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