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(영문) 청주지방법원영동지원 2020.08.14 2018가단4641
공유물분할
Text

1. Of 2,902 square meters prior to Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do:

(a) Attached sheet No. 13, 14, 15, 16, 17, 18, and 13 are indicated in order of each point.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared 2,902 square meters prior to Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

B. The above co-owners did not reach an agreement on the method of dividing the land of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment as to the claim for partition of co-owned property

A. Division of the jointly-owned property may be selected at will if the co-owners reach an agreement, but if the jointly-owned property is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. It is possible to order the auction of the goods only when it is impossible to divide it in kind or when the value is considerably reduced if it is divided in kind. Thus, barring the above circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind in accordance with the share ratio of co-owners.

In addition, the method of division is not a way requested by the parties, but a reasonable division is made according to the share ratio of co-owners according to the court’s discretion, depending on the overall circumstances of the things which are co-ownership or the objects of the division. In the case of the division of goods jointly owned by many people in kind, it is permitted to divide the goods in kind within the share limit of the party’s request for partition and the remaining co-owners who do not want the division are allowed to remain in common (see, e.g., Supreme Court Decision 2014Da23428, Mar.

As seen earlier, the Plaintiff, a co-owner of the instant land, did not reach an agreement on the method of partition among co-owners of the instant land. Therefore, pursuant to Article 268(1) of the Civil Act, the Plaintiff, a co-owner of the instant land, may claim a judicial partition against the Defendants, who are other co-owners of the instant land.

(e).

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