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(영문) 창원지방법원 2017.03.30 2016나57837
공유물분할
Text

1. The judgment of the court of first instance is modified as follows.

The defendant 1/3. of 1,120 square meters of land for a factory from the plaintiff at the time of grace.

Reasons

1. The reasons why the court's explanation on this part of the facts are as follows: "D, which was the representative director of the court of first instance, was entered" in Section 14 of the judgment; "On the other hand, the defendant shall be deemed to be "D, which was the representative director of the court of first instance"; "On the other hand, the defendant" in Section 12 of the judgment of the court of first instance shall be deemed to be "A," "On the other hand, the defendant shall be deemed to be "A," and "A, 3, 4, 5, 6 (including the serial number)" among the grounds for the fact-finding of No. 4 of the judgment of the court of first instance, shall be deemed to be the corresponding part of the judgment of the court of first instance, except for the cases where "A, 1, 4, 5, and 6

2. Determination

A. The claim for partition of the jointly owned property is presumed to be jointly owned by the Plaintiff and the Defendant according to the entry of the pertinent land in the registry. As long as the Plaintiff and the Defendant did not reach an agreement on partition by the closing date of argument in the instant case, the Plaintiff may claim the division against the Defendant, the remaining co-owners.

B. The lawsuit for partition of the common property is a form of lawsuit for partition of the common property, which is the method of partition, and refers to the resolution of co-ownership relation as to the objects of co-ownership through the exchange of shares between co-owners or the sale and purchase of the objects of co-ownership. As such, the court shall make a reasonable partition according to the share ratio of co-owners depending on the relation of co-ownership or the overall circumstances of the objects of the co-ownership, not by the method requested by the claimant for partition,

It is recognized that it is reasonable to acquire the article jointly owned to a specific person in consideration of the causes of the sharing relationship, the ratio of shares to the sharing, the economic value of the divided shares, the desire of the co-owners for the divided method, and the acquisition of the price of the article jointly owned by other co-owners would undermine the substantial equity among co-owners.

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