공유물분할
1. A ship that connects each point of 2,069 square meters in order of 1, 2, 3, 4, 15, and 1 of the annexed drawings and the annexed drawings, 2, 3, 4, 15, and 1.
With respect to the land indicated in the order (hereinafter “instant land”) in which the Plaintiff owned co-ownership shares of 45/50, 3/50, 2/50, and 3/50 by Defendant C, the fact that there is no partition prohibition agreement between the Plaintiff and the Defendants does not exist between the parties, or that there is no dispute between the parties, and that the agreement may be acknowledged by taking into account the whole purport of the pleadings in the statement in
The Plaintiff, as a co-owner of the instant land, may claim a partition against the Defendants, who are the remaining co-owners.
As a lawsuit for partition of co-owned property, the co-ownership of the objects of co-ownership can be resolved through the exchange or sale of shares between co-owners, and the court shall reasonably divide the objects of co-ownership with free discretion, by comprehensively taking into account the causes of co-ownership, the ratio of co-ownership, the economic value of co-ownership in cases of division, and the wishes of co-owners
Furthermore, as to the method of partition, it is a principle that the division of co-owned property is made in kind as long as the price of the co-owned property can be reasonably divided according to the share of each co-owner. Since the price of the co-owned property might be reduced remarkably, it is not permissible to order the payment by auction.
The common property is owned by one of the co-owners or jointly owned by one of the co-owners, but it is allowed to divide the common property by full-value compensation by a method of compensating other co-owners for adequate and reasonable price of the share to compensate for the other co-owners. However, this is not a general method of partition as stipulated in the Civil Code, but it may result in one of the co-owners unfairly deprived of the rights of the other co-owners. Therefore, special circumstances that ensure substantial fairness between the co-owners and the co-owners.