공유물분할
1. Defendant B’s share of 1/2 of the share of 4,020 square meters in Incheon-gun E and 1/4 of the share of 103 square meters in F-road.
According to the purport of evidence Nos. 1 and 2 as to the claim for partition of co-owned property, it is recognized that the Plaintiff shared the land E with shares of 1/2 and 1/2, and that the Plaintiff and the Defendants shared the F road with shares of 1/4, respectively, and that no agreement was reached between the Plaintiff and the Defendants on the method of partition of the land until the date of closing argument.
According to the above facts of recognition, the Plaintiff, a co-owner of the above land, may request the Defendants, other co-owners, to divide the jointly owned property pursuant to Article 269(1) of the Civil Act.
As a lawsuit of partition of co-owned property, the legal doctrine regarding the method of partition of co-owned property is formed, and it refers to resolving the co-ownership relation as to the objects of co-owned property by exchanging or selling shares among co-owners. As such, the court shall make a reasonable partition according to the co-owner’s share ratio according to the co-ownership relation or all the circumstances of the objects, regardless of the method requested by the claimant for partition of co-owned property,
(See Supreme Court Decisions 93Da27819 delivered on December 7, 1993, 97Da18219 delivered on September 9, 1997, etc.). Therefore, in cases of dividing an article jointly owned by multiple persons, the area of the land acquired by each co-owner shall be equal to that of the co-owner’s share in principle, but it is not necessarily required to be divided in such a way. If the form or location of the article jointly owned, the use thereof, or the economic value of the article jointly owned, is not equal, it is also allowed to divide the article in proportion to the share ratio in consideration of all the above circumstances, and if a certain requirement is met, it is allowed to divide the article in proportion to the share ratio by adjusting the economic value of the article jointly owned by each co-owner in kind. Furthermore, it is also permitted to divide the article in proportion to the share ratio.