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(영문) 대구지방법원 2017.04.25 2016가단29118

공유물분할

Text

1. On board a ship which connects each point in the separate sheet No. 1, 2, 4, 3, and 1 with respect to real estate listed in the separate sheet.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2, Eul evidence Nos. 2-1, 2, Eul evidence Nos. 5 through 8, Eul evidence Nos. 11-1 through 10, and Eul evidence Nos. 11-1 through 10, the plaintiff can file a claim against the plaintiff and the defendant's co-owner for the partition of co-owned property by the date on which the agreement between the plaintiff and the defendant's co-owner on May 3, 2016, when the No. 107 and 301 (hereinafter "real estate stated in the attached list") share No. 1/2 of the No. 301 of the building No. 301, May 3, 2016.

2. Division of the jointly-owned property may be selected at will if the co-owners reach an agreement, 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. It is possible to order the auction of the goods only when it is impossible to divide it in kind or when the value of the goods is significantly decreased if it is divided in kind. 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 ratio of shares of the co-owner, unless there is

In addition, the method of division is not a method requested by the parties, but a reasonable division will be made according to the share ratio of co-owners according to the overall circumstances of the goods, which are co-ownership relations or objects, at the discretion of the court. < Amended by Act No. 12521, Mar. 26, 2015>