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(영문) 서울중앙지방법원 2021.03.05 2019가단5191041
공유물분할
Text

1. The share of the plaintiffs (each share 1/2) shall be divided into common property of Seongdong-gu Seoul Metropolitan Government AB large 173.2 square meters.

2. The Plaintiffs.

Reasons

1. The Plaintiffs filed a claim for the division of common property jointly owned with the Defendants, as indicated in the grounds of the attached claim, with respect to the AB big 173.2 square meters in Seongdong-gu Seoul, Seoul.

2. Division of the jointly-owned property may be selected at will if the co-owners reach an agreement, but if the jointly-owned property is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. The method of division shall be determined by the reasonable division according to the ratio of shares of the co-owners according to the relation of co-ownership or all the circumstances of the property which is the object thereof, not by the method

In the case of this case, the plaintiffs want to divide as indicated in the order, and the defendants do not raise any objection to it, and considering all the circumstances, such as the plaintiffs and the defendants' intentions, etc. expressed in the process of this case, such as the fact that the spot installments plan to be sought by the plaintiff in light of the utilization status, does not seem to be unfair to the defendants, it is reasonable to divide the amount equivalent to the defendants' shares in the market price of the real estate of this case into the same manner as Paragraph (1) of the order to divide the real estate of this case into the joint ownership of the plaintiffs.

3. If so, it is so decided as per Disposition by the assent of all participating Justices on the bench.

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