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(영문) 수원지방법원평택지원 2020.12.18 2019가단60163
공유물분할
Text

The Defendants are paid from the Plaintiff the amount corresponding to the amount of each Defendant indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared each share in the “ownership transfer share” column in the separate sheet as co-owners of the area of 823 square meters prior to the AJ (hereinafter “instant real estate”), the Plaintiff 13/14 shares, and the Defendants shared each share in the “ownership transfer share” column in the separate sheet with the deceased AK’s heir who is a right holder of 1/14 shares.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.

[Ground of recognition] Defendant F: The absence of dispute, each entry in Gap 1-58 evidence (including each number), the purport of the whole pleadings, defendant G, W, and AC: Service by publication (Article 208(2)3 of the Civil Procedure Act). The remaining Defendants: Judgment by deeming confession (Article 208(2)2 of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may file a claim against the Defendants, who are other co-owners, for partition of the instant real estate jointly owned 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. 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,

Therefore, it is recognized that it is reasonable to acquire the jointly owned property to a specific person in consideration of the causes of the co-ownership relationship, the ratio of co-ownership, the economic value of the co-ownership in the case of division, the desire of co-owners on the method of division, etc., and there are special circumstances to recognize that acquiring the price of the share to another co-owner does not undermine the substantial

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