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(영문) 서울중앙지방법원 2016.04.20 2014가단201993
공유물분할
Text

1. Each real estate indicated in the separate sheet shall be owned by the defendant separately;

2. The defendant is charged with KRW 175,126,909 to the plaintiff.

Reasons

1. Each real estate indicated in the separate sheet that created the claim for partition of co-owned property is jointly owned by the Plaintiff 1/11 and the Defendant 10/11 shares. The Plaintiff wishes to divide the price by auction, and the Defendant wishes to divide the price in kind by price compensation, so consultation on the method of partition does not occur.

(C) The Plaintiff, as a co-owner, may file a claim with the court for the partition of co-owned property as a co-owner, according to the above facts.

2. Method of partition;

A. In a case where the co-owners divide the co-owned property by a trial because the co-owners did not reach an agreement on the method of partition of co-owned property, the court shall, in principle, divide the co-owned property in kind. When it is impossible to divide it in kind in kind or there is a concern that the value might be significantly reduced due to the division,

(A) Article 269 of the Civil Act provides that the co-owned property concerned shall be acquired from a specific person in consideration of the cause of co-ownership, the ratio of co-ownership, the economic value of co-ownership in cases of division, and the wishes of co-owners in cases of division. In special circumstances where the acquisition of the price of the co-owned property to other co-owners is deemed not to impair the substantial fairness of co-owners, the co-owners shall be owned by one or more co-owners, but the co-owners who own the property in kind shall be entitled to compensate for the appropriate and reasonable price of the share to other co-owners (see Supreme Court Decision 2004Da30583, Oct. 14, 2004).

Each real estate indicated in the separate sheet of specific division method has acquired ownership through the legacy by the defendant, and the plaintiff, C, and D filed a lawsuit against the defendant against the defendant, and with respect to each 1/11 share on the ground of partial winning of the lawsuit and return of legal reserve of inheritance.

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