공유물분할
1.(a)
The defendant shall receive KRW 68,156,662 from the plaintiff A, and at the same time, shall be stated in the attached list to the plaintiff A.
1. Comprehensively taking account of the purport of the entire arguments in the statement in Gap evidence No. 1-1 or evidence No. 3, the plaintiff's wife, the other plaintiffs and their children, and each of the real estate ("the real estate in this case") listed in the separate sheet ("the real estate in this case") owned by the deceased on August 11, 2015 following the death of the deceased, as to each of the relevant inheritance shares (3/11, and the remaining plaintiffs and the defendant respectively) by agreement division as of February 23, 2015. The fact that the registration of ownership transfer was completed due to inheritance by agreement division as of February 23, 2015, and that the plaintiffs and the defendant did not reach an agreement on the method of dividing the real estate in this case as of the date of closing the argument.
According to the above facts of recognition, the Plaintiffs, co-owners of the instant real estate, may request the Defendant, who is another co-owner, to divide the jointly owned property pursuant to Article 269(1) of the Civil Act.
2. Method of partition of co-owned property;
A. A lawsuit for partition of an article jointly owned is a lawsuit for formation, and it refers to the resolution of the co-ownership relation as the object of a single ownership by exchanging or selling shares among co-owners. As such, the court shall make a reasonable partition according to the share ratio of co-owners depending on the relation of co-ownership or the overall circumstances of the article which is the object of the co-ownership, not by the method requested by the claimant for partition but by free discretion.
It is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person, comprehensively taking into account the causes of the sharing relationship, the ratio of shares to co-ownership, the economic value of the divided property, the wishes of co-owners for the divided method, and the acquisition of the price of shares to other co-owners is not detrimental to the substantial fairness of co-owners.