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(영문) 창원지방법원통영지원 2020.01.16 2019가단23113

공유물분할

Text

1. The Defendants shall receive money from the Plaintiff on the inheritance shares table as shown in the attached Table 2 from the Plaintiff at the same time.

Reasons

Basic Facts

Attached Form

The Plaintiff owns 9/10 of the vessels listed in 1 (hereinafter “the instant vessel”) and 1/10 of the net M, and the Defendants’ inheritance shares as the inheritors of the deceased are as listed in the attached Table 2. The market price of the instant vessel is 3,94,560, and there is no dispute between the parties, or based on the content of the evidence set forth in subparagraphs A through 7, the results of appraiser N’s appraisal, and the purport of the entire pleadings.

Judgment

As a lawsuit for partition of co-owned property, the relevant legal doctrine is a litigation for formation, and the co-ownership of the objects of co-ownership is the subject of sole ownership through the exchange or sale of shares between co-owners, and the court shall resolve the co-ownership relation with the objects of co-ownership. Thus, the court shall make a reasonable partition according to the co-owner's share ratio according to the co-ownership relation or the overall circumstances of the objects of

It is recognized that it is reasonable to acquire the relevant jointly-owned property to a specific person, comprehensively taking into account the causes of co-ownership, the ratio of co-ownership to co-ownership, the economic value in the case of division, the desire of co-owners for the method of division, etc. If it is recognized that acquiring the price of shares from other co-owners is not detrimental to the substantial fairness of co-owners, the co-owners shall own the jointly-owned property solely or jointly with one of the co-owners, but the co-owners who own the goods in kind shall compensate for the appropriate and reasonable price of shares to other co-owners (see Supreme Court Decision 2004Da30583, Oct. 14, 2004). In this case, in light of the above legal principles, health class, the goods subject to division, the shares of the Defendants are all combined, and the Defendants are only 1/10.