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(영문) 의정부지방법원 2016.09.30 2015가단26528
공유물분할
Text

1. The land indicated in paragraph 1 of the attached list shall be the sole ownership of the defendant.

2. The land listed in Attachment 2.

Reasons

1. Facts of recognition;

A. As to each land listed in the separate sheet (hereinafter referred to as “instant land”) and each land listed in the separate sheet (hereinafter referred to as “each of the instant land”), the Plaintiff and the Defendant own one-half shares, respectively.

B. No agreement was reached between the Plaintiff and the Defendant on the method of dividing each of the instant land until the date of closing the argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, since the Plaintiff and the Defendant, who were co-owners of each of the lands of this case, did not reach an agreement on the method of partition of co-owned property, one of the co-owners may file a claim for partition of each of the lands of this case pursuant to Article 269(1) of the Civil Act.

B. As a lawsuit for partition, one method of partition is a litigation for formation, and the co-ownership relation as to the objects of co-ownership is to resolve the co-ownership relation with the objects of co-ownership by exchanging or selling shares among 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 situation of the objects, without being able to seek a partition of co-owned property, according to free discretion, depending

Therefore, in the case of dividing goods jointly owned by several persons, in principle, the area of land acquired by each co-owner should be equal to the ratio of the co-owned share. However, it is not necessarily necessary to divide the form or location of the jointly-owned property to be divided, and if the form or location of the jointly-owned property to be divided is not equal, the use situation or economic value is not equal, it is also allowed to divide the economic value in proportion to the share ratio, and the co-owner's multiple objects, namely, the land or several buildings on hand.

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