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(영문) 대구지방법원 2019.06.28 2018가단129159

공유물분할

Text

1. The Defendants each receive KRW 4,197,176 from the Plaintiff, as well as each written list in the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owns 253/289 shares among each of the instant real estate, and the Defendants own 12/289 shares, respectively.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing each of the instant real estate until the closing date of the argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, a co-owner of each real estate of this case, may file a claim for partition against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

B. Legal principles relating to the partition of co-owned property 1) In the event of dividing the co-owned property through a trial because co-owners fail to reach an agreement, in principle, it is possible to divide the co-owned property in kind. If it is impossible to divide the co-owned property in kind or the value thereof is likely to be significantly reduced due to the division in kind, the court may sell the co-owned property by auction and divide it (Article 269 of the Civil Act). In light of the legal principles as seen earlier, it is reasonable to acquire the pertinent co-owned property to a specific person, comprehensively taking into account the causes of the co-ownership relationship, the ratio of co-owned shares, the economic value of the co-ownership in the case of division, and the wishes of co-owners as to the method of division. In special circumstances where acquiring the price of the co-owned property to another co-owner is deemed not detrimental to the substantial fairness of the co-owner, it is permitted to acquire it from one co-owner or several co-owners, but the co-owners who own the property in kind are entitled to compensation for the other co-owners in kind.