(영문) 수원지방법원 2020.05.12 2019가단10909

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.05.12 2019가단10909

공유물분할

Text

1. As to the portion of 1/3 of each of the real estate listed in the separate sheet from the Plaintiff and Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants own 1/3 shares of each of the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. There was no separate agreement between the Plaintiff and the Defendants on the prohibition of subdivision regarding each of the instant real estate, and no agreement on the method of subdivision was reached by the closing date of the instant argument.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Since the Plaintiff and the Defendants, co-owners of each real estate of this case, did not reach agreement on the method of partition of co-owned property, the proceeds from auction shall be distributed according to the co-ownership ratio.

3. Determination

A. According to the above facts acknowledged as above, the Plaintiff, a co-owner of each real estate of this case, may claim the division of each real estate of this case against the Defendants, the other co-owners.

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. As such, the court shall make a reasonable partition according to the co-owners’ share ratio according to the co-ownership relation or all circumstances of the objects, without being able to seek a partition of co-owned property, according to free discretion,

It is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person, comprehensively taking into account the cause of the co-ownership relationship, 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 in special circumstances where the acquisition of the price of the share to other co-owners is not detrimental to the substantial fairness of co-owners,

유사 판례

-대전지방법원 2020.07.08 2020가단5089

-서울동부지방법원 2017.05.12 2016가단114737

-서울중앙지방법원 2018.10.18 2018가단5003321

-수원지방법원평택지원 2020.12.18 2019가단60163

-서울중앙지방법원 2021.03.25 2019가단5281203