공유물분할
1. A ship which connects each point of the attached Table 4, 5, 6, 7, 8, and 4, among the area of 295 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun.
1. The facts of recognition are as to the share of 472/495 of the instant real estate due to the donation on December 15, 2002, and the defendant completed each registration of ownership transfer as to the share of 23/495 due to the inheritance by consultation and division on November 5, 2005, and the fact that no agreement has been reached between the plaintiff and the defendant does not conflict between the parties.
2. Determination
A. According to the above facts acknowledged as above, the Plaintiff may claim the division of the instant real estate against the Defendant pursuant to Article 269(1) of the Civil Act.
B. As a matter of principle, if an article jointly owned is divided, the size of the land to be acquired by each co-owner shall be equal to the ratio of his/her co-ownership. However, if the shape or location of the jointly owned property to be divided, the situation of its use, or the economic value is not equal, it shall be allowed to divide the economic value corresponding to the ratio of shares in consideration of such various circumstances. If a certain requirement is met, division shall be permitted in kind as a matter of money division (see Supreme Court Decisions 2004Da30583, Oct. 14, 2004; 2011Da24104, Aug. 18, 201). However, if the form or location of the jointly owned property to be divided, and the situation of its use, or the economic value, are not equal, then it shall be allowed to divide the economic value corresponding to the ratio of shares in shares.