공유물분할
1. The part 1. 2. The part 1. 2. on the ship that connects each point of the attached Form 1, 2, 5, 6, and 1 among the 4,15 square meters in Papju-si.
The plaintiff and the defendant are co-owners with 1/2 shares as to C's 4,15 square meters (hereinafter "the land in this case"). The plaintiff and the defendant did not reach an agreement as to the method of partition of co-owned property among the plaintiff and the defendant can be acknowledged by taking into account the purport of Gap evidence and the whole pleadings. Thus, the plaintiff can file a claim for partition as to the land in this case.
As a litigation over the partition of co-owned property, the court may order partition in a reasonable manner at its discretion without seeking the plaintiff's request. If multiple persons divide the co-owned property in kind, it is permitted to divide the property within the limit of share of the co-owners and allow the remaining co-owners who do not want the partition to remain in co-ownership (see, e.g., Supreme Court Decision 2009Da79811, Aug. 28, 1990). In addition, in cases of partitioning land, the size of the land acquired by each co-owner should be equal to the proportion of their co-ownership. However, in principle, it is not necessarily permitted to divide the land according to the proportion of their share, taking into account all the circumstances such as the shape, location, use or real value of the land. If certain requirements are met, it is also permitted to divide the land by adjusting the economic value or excess with money among the co-owners, and the purport of the land division at the present market price appraisal of the E. 27, 190.