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(영문) 의정부지방법원 고양지원 2017.01.18 2015가단26385
공유물분할
Text

1. A ship that connects each point of which is five thousand square meters in sequence, among the 329 square meters in a utility pole;

Reasons

1. As to the portion of M, the Plaintiff acquired ownership on August 20, 2015 through a compulsory auction procedure, on April 26, 2013, with respect to the portion of M, which was owned as follows.

H Deceased around June 4, 2013, the Defendant G et al. succeeded to the following table.

After the ownership relationship as of April 26, 2013, Defendant C 2/15 Defendant C 2/15 H 2/15 Defendant G 6/135 Defendant G 6/135 Defendant G 4/135 Defendant C 4/135 Defendant C 4/135 Defendant D 2/15 M 2/15 Plaintiff E 2/15 Defendant E 2/15 Defendant E 2/15, and 2/15 Plaintiff F2/15 Plaintiff sent to Defendant B, etc. a certificate of contents demanding a partition of co-owned property as to the instant land, but the response was not heard.

【Ground for Recognition: Each entry of Gap evidence 1 or 2 (including a tentative number, if any)

2. Determination

A. According to the above facts acknowledged as the plaintiff's right to partition of co-owned property, since the plaintiff and the defendants did not reach an agreement as to the method of partition of co-owned property, the plaintiff can file a claim for partition as to

B. As a lawsuit for partition of co-owned property, a court is entitled to order partition in a reasonable manner at its discretion without having to seek a partition of co-owned property by the Plaintiff. As such, in a case where multiple persons divide the co-owned property in kind, it is permitted to divide the property in kind within the share limit of the claimant and to allow the remaining co-owners who do not want the partition to remain in co-ownership (see, e.g., Supreme Court Decision 2009Da79811, Oct. 25, 2010). In addition, in a case of partitioning of land, in principle, the land acquired by each co-owner should be equal to the share ratio, but it is not necessarily necessary to divide it only by such method, but economic value should be taken into account all the circumstances, such as the form, location, utilization status, or real value of the land.

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