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(영문) 대구지방법원김천지원 2019.05.14 2018가단35420
공유물분할
Text

1. Of the 2,314 square meters in the Gu-si Do-si Do-si 2,2,17,24,23,22,10,11,12,13, 14, 15, 16, and 1 each of the annexed drawings.

Reasons

1. According to the overall purport of the statement and pleading as to Gap's evidence Nos. 1 through 3, the plaintiff owned 2,314 square meters (hereinafter "the land in this case"), 132/2314 shares, 661/2314 shares, 331/2314 shares, and 331/2314 shares among the plaintiff and the defendants, respectively. Thus, the plaintiff, co-owner of the land in this case, as co-owner of the land in this case, may file a claim for partition of the land in this case with the defendants as co-owner pursuant to Article 269 (1) of the Civil Act.

2. Division of the method of partition of co-owned property may be decided at will if the co-owners reach an agreement, but if the co-owned property is divided through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. The court may order the auction of the goods only when the value of the property is likely to be significantly reduced if the co-owners divide it in kind or in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several items in kind. The method of partition shall be, at the discretion of the court, reasonable partition according to the share ratio of the co-owners according to the co-owner's co-owned relation or all the circumstances of the things which are the objects of the co-owner's co-owned property, not by the method requested by the parties (see Supreme Court Decision 2004Da10183, Jul. 22, 2004; 3.4, each of the survey information about the land of this case and the entire court's auction.

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