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(영문) 창원지방법원 2017.08.31 2015가단78829

공유물분할

Text

1. Of the land size of 759 square meters in Changwon-si, Changwon-si, Sungwon-si, each point of the attached Form 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 6.

Reasons

1. Basic facts

A. Of the Plaintiff, Defendant B, C, and N owned each share of 815/1409 square meters in Sungwon-si L Forest and 759 square meters (hereinafter “instant land”) and 491 square meters in Seongdong-si, Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si, and the Plaintiff owned each share of 264/1409 square meters in N and Defendant B, and the share of 66/1409 square meters in Defendant C.

B. N was killed on November 5, 1995, and currently its heir was Defendant D, E, F, H, I, J, and K. The shares of the Plaintiff and the Defendants as to the land Nos. 1 and 2 are the shares indicated in the separate shares.

C. Defendant B and C owned a house on the ground of part of 293 square meters on the ground among the land in the instant case’s Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 6 in sequence among the land in the instant case’s No. 1 (hereinafter “the part in the instant case’s (A)”).

Until the closing date of the instant case, the agreement between the Plaintiff and the Defendants on the method of dividing the land Nos. 1 and 2 was not reached.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 4, and 38 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts acknowledged, since the Plaintiff and the Defendants, co-owners of the land Nos. 1 and 2 of this case, did not reach an agreement on the method of partition, the Plaintiff, as co-owners of the above land, may claim the partition against the Defendants as co-owners.

3. Method of partition of co-owned property;

A. Division of an article jointly owned may be selected at will if the co-owners reach an agreement, but if the article jointly owned 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 in kind, the value of the article can be reduced remarkably, the auction of the article can be ordered, and the price is paid in installments. Therefore, this is the same.