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(영문) 대구지방법원 서부지원 2017.02.02 2015가단20289

공유물분할

Text

1. The plaintiff shall receive each money listed in the separate sheet No. 2 from the defendants, and simultaneously shall be attached to the defendants.

Reasons

1. In light of the purport of the entire pleadings as to the evidence No. 1-1 and No. 2 as to the claim for partition of co-owned property, the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) is jointly owned by the Plaintiff at 1/6, Defendant B, C, and E, Defendant D, and J, each of 1/18, Defendant F, G, H, I, each of 1/24, Defendant K K 1/42, Defendant L, and 1/63, each of them is jointly owned, and there is no agreement on division of the instant real estate between the Plaintiff and the Defendants. Thus, the Plaintiff, a co-owner of the instant real estate, as co-owners of the instant real estate, can file a claim for partition of the instant real estate against the other co-owners pursuant to Article 269(1) of the Civil Act.

2. Method of partition of co-owned property;

A. In the case of dividing the co-owned property by the method of full-price compensation, in principle, each co-owner shall have the area of the land acquired by each co-owner equal to the ratio of his co-owned share. However, if the shape or location of the co-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 share ratio in consideration of all such circumstances. If certain requirements are met, it is allowed to divide the co-owner by making the economic value equal to the share ratio. Furthermore, it is allowed to acquire the co-owned property by taking into account the causes of the co-owned relation, the proportion of co-owned share, the economic value of the co-owner if divided, and the wishes of the co-owner to acquire the share, in special circumstances, it is recognized that it is reasonable to acquire the jointly-owned property to a specific person, and it does not infringe the substantial fairness among co-owners.