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(영문) 청주지방법원제천지원 2016.09.07 2016가단178
공유물분할
Text

1. The part on the ship (C) which connects each point of the attached Form No. 5 through 8, and 5 in sequence among the area of 939㎡ prior to Dacheon-si.

Reasons

1. Basic facts

A. On April 3, 1978, Defendant B completed the registration of ownership transfer with respect to the portion of 161/284 out of 939 square meters (hereinafter “instant land”). Defendant C completed the registration of ownership transfer with respect to the portion of 77/284 out of the instant land on March 19, 1985, and the Plaintiff completed the registration of ownership transfer with respect to the portion of 46/284 out of the instant land on September 10, 2004.

B. Until the closure date of the pleadings of this case, the Plaintiff and the Defendants did not reach an agreement on the method of dividing the land of this case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff, as co-owners of the instant land, may file a claim for the partition of the instant land against the Defendants, who are other co-owners, pursuant to Articles 268 and 269 of the Civil Act.

The court shall, in principle, divide the article jointly owned in kind into the case of dividing the article jointly owned by a co-owner according to the judgment because the co-owners may choose the method at will, but if the agreement is not reached, and if the article jointly owned is divided by the judgment, the court shall order the auction of the article only when it is impossible to divide the article in kind or the value of the article is considerably reduced if the article is divided in kind. Thus, barring the above circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for the article jointly owned by dividing the article jointly owned into several articles in kind according to the ratio of shares of

In addition, the method of division is not a method requested by the parties, but a reasonable division is made according to the share ratio of co-owners according to the court’s discretion, depending on the overall circumstances of co-ownership or the objects of the division (see, e.g., Supreme Court Decision 2014Da233428, Mar. 26, 2015). Articles 2 through 4 (including the number of pages), B, and 1.

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