공유물분할
1. The defendant shall make a partition of co-owned property as to one-half shares of each real estate listed in the separate sheet from the plaintiff.
1. In full view of the purport of the evidence Nos. 1 and 2 as well as the purport of the whole pleadings, the Plaintiff and the Defendant shared each real estate listed in the separate sheet (hereinafter “each real estate of this case”) as one-half shares, and it can be acknowledged that there was no agreement as to the method of partition between the Plaintiff and the Defendant, as co-owners of each real estate of this case, the Plaintiff may claim the division of each real estate of this case against the Defendant, who are the remaining co-owners, pursuant to Article 269(1) of the Civil Act.
2. Method of partition of co-owned property;
A. As a lawsuit for partition of co-owned property, the legal doctrine is a litigation for formation, and it refers to resolving the co-ownership relation as to the objects of co-owned property by exchanging or selling shares among co-owners. As such, 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 co-owned property at free discretion, rather than by the method requested by the claimant for partition of co
(See Supreme Court Decisions 93Da27819 delivered on December 7, 1993, 97Da18219 delivered on September 9, 1997, etc.). Therefore, in cases of dividing an article jointly owned by multiple persons, the area of the land acquired by each co-owner shall be equal to that of the co-owner’s share in principle. However, in cases of dividing an article jointly owned by several persons, the form or location of the article jointly owned by each co-owner is not necessarily required to be divided in such a way, but if the form or location of the article jointly owned, the use thereof, or the economic value is not equal, it is also allowed to divide the article in proportion to the share ratio in consideration of all the above circumstances. If a certain requirement is met, it is also possible to divide the article in proportion to the share ratio between the co-owners by adjusting