(영문) 서울서부지방법원 2014.09.24 2012가단26889

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(영문) 서울서부지방법원 2014.09.24 2012가단26889

소유권이전등기 등

Text

1. To divide the real estate indicated in the separate sheet into the defendant's sole ownership.

2. The defendant is about 110,735.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant share the real estate listed in the separate sheet (hereinafter “instant building”) in the following ratio of shares:

Plaintiff

Defendant: 263.76/550.4: 286.64/550.4

B. The Plaintiff and the Defendant attempted to consult on the method of partition of the instant building, but did not reach an agreement.

[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged as above, the Plaintiff, as co-owner of the building of this case, may claim the partition against the Defendant pursuant to Article 268(1) of the Civil Act.

B. (1) The method of partition is, in principle, divided in kind in a case where the co-owners fail to reach an agreement on the method of partition of co-owned property, and if the court dividess the co-owned property according to the judgment, and an auction is ordered only when it is impossible to divide in kind or the value thereof is likely to be significantly reduced due to the division.

The lawsuit for partition of co-owned property is a formative lawsuit, and the co-ownership relation against the objects of co-ownership is resolved with the objects of co-ownership through the exchange or sale of shares between co-owners. As such, the court shall make a rational partition according to the share ratio of co-owners in consideration of the co-ownership relation or all the circumstances of the objects, which are the objects of co-owned

It is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person, comprehensively taking into account the causes of the co-ownership, the ratio of co-ownership to co-ownership, the economic value of the co-ownership in the case of division, the desire of co-owners for the method of division, etc., and the acquisition of the price of shares to other co-owners is deemed not detrimental to the substantial fairness of co-owners, in special circumstances, the jointly owned property shall be owned by one of co-owners

참조조문

-민법 제268조 제1항

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