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(영문) 수원지방법원여주지원 2017.11.09 2017가단50121
공유물분할
Text

1. The defendants receive each of the money stated in the separate sheet “price” from the plaintiffs, at the same time, to the plaintiffs.

Reasons

1. According to the facts of recognition Gap evidence Nos. 1 through 8, the results of appraisal commission to appraiser G, and the purport of the whole pleadings, the facts of recognition are recognized as identical to that of the reasons for claim, and there is no other counter-proof.

2. Determination

A. According to the above facts acknowledged as above, the Plaintiffs, who are co-owners of 204 square meters of forest forest 204 square meters (hereinafter “instant land”) in Gyeonggi-si, may file a claim against the Defendants, who are other co-owners, for the partition of the instant land, which is jointly owned.

B. As a litigation of partition of co-owned property, the legal doctrine is a litigation of formation, and the co-ownership of the objects of co-ownership is the subject of sole ownership through the exchange or sale of shares between co-owners. Thus, the court shall make a reasonable partition according to the co-owner's share ratio according to the co-ownership relation or the overall circumstances of the objects of co-owned property at free discretion, not by the method of seeking co-owned property partition.

(See Supreme Court Decisions 93Da27819 delivered on December 7, 1993, 97Da18219 delivered on September 9, 1997, etc.). Therefore, in cases of dividing an article jointly owned by multiple persons, the area of the land acquired by each co-owner should be equal to that of the co-owner’s co-ownership. However, in principle, the form or location of the article jointly owned by each co-owner is not necessarily required to be divided in such a manner. If the form or location of the article jointly owned, the use thereof, or the economic value is not equal, it is also allowed to divide the article in proportion to the share ratio in consideration of all the above circumstances. If a certain requirement is met, it is also allowed to divide the article in proportion to the share ratio by adjusting the economic value of the article jointly owned by each co-owner in kind. Furthermore, the cause of such division and the proportion of co-ownership shares and the economic value of

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