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(영문) 대법원 2015.07.23 2014다88888

공유물분할

Text

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Division of the jointly-owned property may be selected at will if there is an agreement among the co-owners, but if the jointly-owned property is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the price can be paid off by ordering the auction of the goods only when the value of the property is likely to be significantly reduced. Thus, barring the above circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind according to the share of

On the other hand, as a lawsuit for the partition of co-owned property, the court may order the partition in a reasonable manner at its own discretion without being able to seek a partition by the plaintiff. Thus, in the case of the partition of co-owned property in kind, it shall be permitted to divide the co-owned property within the share limit of the co-owner, and the remaining co-owners who do not want the partition are allowed to leave the co-owned property. However, even if the co-owned property should be resolved by auction or division within the share limit of the co-owner who requested the partition of co-owned property, and it is not permitted to divide the co-owned property in kind by resolving the co-owned relation between the co-owner and the other party, even though the co-owner did not want to maintain the co-owned relation.

2. According to the records, the plaintiffs are about the dividing method of the land of this case, that is, the land of this case, which the defendants wants in the court below, as to the part of "B" that connects each point of the attached Form 14, 15, 16, 17, 18, and 14 of the judgment below, in sequence.