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(영문) 대구지방법원 2015.02.24 2014가단40203

공유물분할

Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Co-owned property partition claim

A. There is no dispute over the fact that the Plaintiff received the registration of ownership transfer from E on November 10, 2009 with respect to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and on March 21, 2011, 1/12 shares of the Defendant B, 1/12 shares in each of the instant real estate on April 13, 201 due to the return of legal reserve of inheritance on April 13, 201, and that Defendant C, 1/12 shares in each of the instant real estate have been transferred to Defendant D.

B. According to the above facts, as one of the co-owners of the instant real estate, the Plaintiff may request the Defendant, who is another co-owner, to divide the jointly owned property, unless there are special circumstances.

Therefore, the plaintiff can claim the division of the real estate of this case against the defendant, the co-owner, because the agreement on the method of division of the common property was not reached between the defendant and the defendant.

2. Method of partition of co-owned property;

A. Division of a related legally owned article can be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, it is possible to order the auction of the article only when the value of the article is likely to decrease substantially. Thus, barring the above circumstances, the court shall render a judgment to divide the article jointly owned into several articles in kind, and to recognize the sole ownership of each co-owner for each divided article, according to the share ratio of co-owner.

In addition, the method of division would be reasonable division according to the ratio of shares of co-owners according to the situation of the co-ownership relationship or the object of the division according to the discretion of the court, rather than the method requested by the parties.

In addition, the land is divided.