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(영문) 수원지방법원 2016.01.08 2015나11080
공유물분할
Text

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

Defendant B is listed in the separate sheet 1 and 2 from the Plaintiff.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet 1 and 2 (hereinafter “instant real estate”), the Plaintiff shares 1/4 shares, 1/4 shares, 2/4 shares, and 3/64 shares, respectively. As to the real estate listed in the separate sheet 3 (hereinafter “instant three real estate”), the Plaintiff shares 15/64 shares, 16/64 shares, 33/64 shares, and 33/64 shares, respectively.

B. The Plaintiff and the Defendants did not agree on the method of dividing each of the instant real estate.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. Since the Plaintiff and the Defendants, who are co-owners of each of the instant real property, did not reach an agreement on the method of partition of the co-owned property, one of the co-owners may claim the division of each of the instant real property against the Defendants, who are co-owners, pursuant to Article 269(1) of the Civil Act.

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,

In comprehensive consideration of the causes of sharing, the ratio of shares in sharing, the economic value of divided shares, and the wishes of co-owners for divided methods, etc., the relevant co-owned property shall be considered to be a specific person.

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