공유물분할
The Plaintiff shall own the D Special Metropolitan City D 228.2 square meters, and the E Special Metropolitan City E- 733.6 square meters shall be divided as owned by the Defendant respectively.
The plaintiff.
1. The Plaintiff and the Defendant share the same 30/226 shares and 196/226 shares, respectively, of D large-scale D 228.2 square meters (hereinafter “instant land”) adjacent to each other, and of E large-scale 733.6 square meters (hereinafter “instant land 2”).
There was no agreement between the Plaintiff and the Defendant on the method of dividing the instant land.
2. Determination
A. Article 268(1) of the Civil Act provides that “Co-owner may claim partition of the co-owned property, but the co-owner may agree not to partition the co-owned property for a period not exceeding five years.” Article 269(1) of the Civil Act provides that “The co-owner may file a claim for partition with the court if the agreement on the method of partition does not lead to an agreement on the method of partition.”
According to the facts acknowledged earlier, the Plaintiff, a co-owner of the land of this case, may claim a partition of the co-owned property against the Defendant, who is another co-owner pursuant to Articles 268(1) and 269(1) of the Civil Act, barring any special circumstance.
B. The method of partition of co-owned property is, in principle, divided in kind in a case where the co-owned property is divided in accordance with the relevant legal doctrine (see, e.g., Supreme Court Decisions 93Da27819, Dec. 7, 1993; 2004Da10183, Jul. 22, 2004). The method of partition is, without being able to seek by the parties, reasonable division according to the co-ownership relation or the share ratio of co-owners depending on the court’s discretion, depending on the overall circumstances of the property that is the object thereof.
In addition, when land is partitioned, in principle, the area of land acquired by each co-owner shall be equal to the ratio of the co-owner's share, but it is not necessarily required to be divided in such a way, but it is also allowed to divide the economic value into the ratio of shares in consideration of all the circumstances such as the shape, location, utilization status, and real value of the land.