beta
(영문) 광주지방법원 2018.01.09 2017가단503765

공유물분할

Text

1. The Defendants shall receive from the Plaintiff each corresponding part of the attached Table 1, simultaneously with the Plaintiff’s payment.

Reasons

1. Facts of recognition;

A. 36/38 shares in Seo-gu, Seo-gu, Gwangju Metropolitan City (hereinafter “instant real estate”) are owned by the Plaintiff, and the remaining 2/38 shares are N.

B. N was killed on May 10, 1995 (hereinafter “the deceased”), and his heir was the wife, and there was Defendant B, C, D, E, F, G, H, H, Nonparty P, Q, Q and R. Of them, Q died first of the deceased on January 12, 1938, and R without their heir on September 4, 1961. The wife died on March 1, 2015; the wife died on September 30, 1996; the wife died on September 30, 1996, and the wife died on Defendant J, K, and L, the wife’s wife, and the wife’s heir on September 1, 199.

C. As to the instant real estate, the shares of the Defendants under the above inheritance relationship are as stated in the corresponding part of the attached Table 2.

[Ground of recognition] Defendant 1 through 7: deemed confession (Article 150(3) of the Civil Procedure Act); the remaining Defendants: The absence of dispute; the entries of evidence Nos. 1, 3-1 through 7-12; and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts acknowledged as above, the Plaintiff, a co-owner of the instant real estate, may file a claim for partition against the Defendants, who are other co-owners, pursuant to Article 268(1) of the Civil Act.

B. As a lawsuit for partition of co-owned property, the method of partition is formed, and the co-owned property is to resolve the co-ownership relation with the object of co-ownership by exchanging or selling shares among co-owners. As such, the court does not seek a method to seek co-owned property but can make a reasonable partition according to the co-owner's share ratio according to the situation of the co-owned relation or the object of co-owned property at free discretion. If co-owned property is divided, the co-owned property should be acquired to a specific person, by comprehensively taking into account the cause of co-owned relation, the economic value of co-owned property, and the desire of co-owner for