(영문) 수원지방법원 2017.12.14 2016가단800606

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(영문) 수원지방법원 2017.12.14 2016가단800606

공유물분할

Text

1. The Defendants are paid KRW 5,089,856 from the Plaintiff, and each of them is listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter “each real estate of this case”) at the rates of Plaintiff 6,390/7,290 and Defendants 300/7,290.

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

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. Determination on the cause of the claim

A. Since the co-owners of each of the instant real property at issue did not reach an agreement on the method of partition of the co-ownership, one of the co-owners may claim the division of each of the instant real property against the Defendants, who are the remaining 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,

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 sharing relationship, the ratio of shares to co-ownership, the economic value of the divided property, the wishes of co-owners for the divided method, and the acquisition of the price of shares to other co-owners is deemed not detrimental to the substantial fairness of co-owners, the jointly owned property shall be owned by one of the co-owners or by several co-owners, but the co-owners who own the goods in kind shall be allowed to own the shares to other co-owners

참조조문

-민법 제269조 제1항

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