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(영문) 울산지방법원 2014.10.16 2013가합4834

공유물분할

Text

1.(a)

Defendant 1, 3, 4, 6, 7, 9, 10, 12, 13, and 14 are attached Table 1, among the land for a factory in Ulsan-gu Seoul Metropolitan Government from the plaintiffs.

Reasons

1. Basic facts

A. In around 2013, Gohap Co., Ltd. owned 1,75.6/16,607.6 shares of 212.31,413 shares of the Nam-gu Seoul Special Metropolitan City C land for a factory (hereinafter “C”), Ulsan-gu D road 54,901 square meters (hereinafter “D”) and 218.9/1,695 shares of the land for a factory in Ulsan-gu E, Ulsan-gu (hereinafter “E”), and 4,791 square meters of land for a factory (hereinafter “E”).

B. On April 24, 2013, the Plaintiffs received each share in the column of “current share” as stated in the separate sheet No. 1 through No. 3 from the Ulsan District Court’s Voluntary Auction Procedure (hereinafter “instant Auction Procedure”).

C. The plaintiffs and the defendant 1, 3, 4, 6, 7, 9, 10, 12, 13, and 14 share C as stated in the “current share” column, respectively, and the plaintiffs and the defendant 1 through 12 share D as stated in the “current share” column, respectively, and the plaintiffs and the defendant 1, 3, 4, 6, 7, 9, 10, 12, and 16 share D as stated in the “current share” column, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1-3, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the plaintiffs are one of the co-owners of C, D, and E (each of the above lands collectively referred to as the "each of the instant lands"), and they may file a claim for partition of each of the instant lands jointly owned by the defendants, who are the remaining co-owners based on their co-ownership rights.

B. The lawsuit of partition of co-owned property is a form of litigation, and it means to resolve 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 all circumstances of the objects, regardless of the method requested by the claimant for partition of co-owned property, according to free discretion.