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(영문) 서울중앙지방법원 2016.08.11 2014가단186681

공유물분할

Text

1. The land indicated in paragraph 1 of the attached list and the attached appraisal sheet shall be linked in sequence to each point of 3, 4, 5, 6, 7, 8, 16, and 3 of the attached list.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1-1 and 2, the results of the appraisal commission and the entire purport of the pleadings by this Court for the Gangnam Seocho branch of the Korea National Land Information Corporation and the Seoul National Land Information Corporation.

Attached Form

With respect to the land listed in paragraph 1 of the list, the plaintiff and the defendants have one-third shares, respectively.

B. As to the land listed in the attached list No. 2, the Plaintiff holds 2/3 shares, and Defendant B holds 1/3 shares.

(c) The land listed in paragraphs 1 and 2 of the attached list is adjacent to each other.

2. In dividing jointly owned property, the court shall, at its discretion, make a reasonable division according to the share ratio of co-owners depending on the situation of the co-ownership relation or the object thereof. In the case of dividing the land, in principle, the area of the land acquired by each co-owner shall be equal to the share ratio. However, if the form, location, use condition, or economic value of the land is not equal, it is also allowed to divide the property in proportion to the share ratio in consideration of such overall circumstances (see Supreme Court Decision 2009Da69708, Jan. 14, 2010). Accordingly, in this case, the court shall determine the division method as follows in order to ensure that the economic value acquired by each party is equal to the share ratio, taking into account the share ratio of the Plaintiff and the Defendants as to each land listed in the separate sheet, the shape and location of each land, the intent of the parties, etc.

In other words, the portion of “A” in the attached list Nos. 1 and 108m2 connecting each point of the attached list Nos. 3, 4, 5, 6, 7, 8, 16, and 3 are owned by Defendant C, and the portion of “B” in the attached list Nos. 1, 2, 3, 16, 15, 14, 13, and 11 are owned by the Plaintiff, and the attached sheet No. 132m2 are owned by the Plaintiff.