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(영문) 대구지방법원김천지원 2015.06.10 2015가단164
공유물분할
Text

1. On the ship that connects each point of the attached Form 1 through 5, 8, 7, 9 through 15, among the 2,100 square meters of Gu, Si, si, si, si, si, si, si.

Reasons

1. The plaintiffs and the defendant acquiring intervenor shared 2,100m2 (hereinafter “instant land”) in the Gu-U.S.-si 2,100m2 (hereinafter “instant land”). The facts that there was no agreement on the method of partition of the instant land by the closing date of arguments in the instant case do not exist between the parties.

According to the above facts of recognition, since an agreement was not reached on the method of division between the plaintiffs, co-owners of the land of this case and the defendant's intervenor, the plaintiffs can file a lawsuit against the defendant's intervenor, who is another co-owner, in accordance with Article 269 (1) of the Civil Act, unless there are special circumstances.

2. Division of the method of partition of co-owned property can be decided voluntarily, but if the co-owned property is divided by a trial due to the failure to reach agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is divided in kind in kind, the auction of the property can be ordered only when the value decreases remarkably. In this case, there is no special circumstance like this, and therefore, the land of this case shall be divided by the method of spot partition.

As to the detailed method of subdivision of the instant land, the following circumstances, which can be known through the purport of the entire pleadings, are: (a) the Plaintiffs and Defendant D, on November 25, 2014, connected each point of the instant land with the indication 1 through 5, 8, 7, 9 through 15, and 1 of the drawings; and (b) concluded a sales contract on the instant land under the condition that the portion of (A) part 2,083 square meters connected to the instant land is subdivided into a unit of (a) part 2,083 square meters in the Gu, Si, Gu, Si, Gu, si, G, 726 square meters (hereinafter “G land”); (c) Defendant D entered into a sales contract on January 27, 2015; and (d) Defendant D, on January 29, 2015, sold shares of 16.8/210 of the instant land to the Defendant Intervenor; and (d) Defendant Intervenor’s acquisition intervenor sold G.

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