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(영문) 울산지방법원 2017.01.26 2015나21547

기타(금전)

Text

1. The judgment of the court of first instance is modified as follows.

The attached appraisal map 1, 2, 3, 6, 1 shall be marked as the Dong-gu Seoul Metropolitan Government 387.6 square meters, and the attached appraisal map 1, 2, 3, 6, 1.

Reasons

1. Grounds for the court's explanation in this part of the basic facts are the second side of the judgment of the first instance.

1. Since part of the entry is the same, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Grounds why the court should explain this part of the claim for partition of co-owned property

A. Since part of the entry is the same, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Method of partition of co-owned property;

A. Division of an article jointly owned may be selected at will if the co-owners reach an agreement. However, if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind, the price can be reduced significantly, and the auction of the article can be ordered. Thus, barring the above circumstances, the court shall make a judgment to recognize the sole ownership of each co-owner for the article jointly owned by dividing it into several articles in kind as it is, and each co-owner's own ownership shall be determined according to the share ratio of each co-owner, and the method of division shall be determined by a reasonable division according to the share ratio of the co-owner at the discretion of the court, rather than by the means requested by the parties.

In addition, when land is partitioned, in principle, the area of the land acquired by each co-owner shall be equal to the ratio of the co-owner's share. However, it is not necessarily necessary to divide the land in such a way, but it is also allowed to divide the economic value into the ratio of share in consideration of the shape, location, use situation, or economic value of the land. (See Supreme Court Decision 2004Da10183, Jul. 22, 2004).