(영문) 부산지방법원 2016.07.27 2015가단74592

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(영문) 부산지방법원 2016.07.27 2015가단74592

공유물분할

Text

1. Defendant A from the Plaintiff, the amount of KRW 3.4 million for Defendant B, Defendant B, C, and D, each of which is KRW 1.7.2 million for Defendant E, and KRW 2.5 million for Defendant E.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), Defendant A shares 4/15, Defendant B, C, D, and Plaintiff shares 2/15, and Defendant E shares 3/15, respectively.

B. The plaintiff and the defendants did not enter into a special agreement prohibiting partition of co-owned property, and they did not reach a co-owned property partition agreement between the plaintiff

C. On the ground of the instant real estate, the Plaintiff constructed a house owned by the Plaintiff, and the Plaintiff used the instant real estate as a site and a house for the said house.

The market price of the instant real estate as of May 20, 2016 is KRW 129,030,000.

[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 and 2, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination

A. Division of a related legally owned article can be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, it is possible to order the auction of the article only when the value of the article is likely to decrease substantially. Thus, barring the above circumstances, the court shall render a judgment to divide the article jointly owned into several articles in kind, and to recognize the sole ownership of each co-owner for each divided article, according to the share ratio of co-owner.

In addition, the method of division is not a way requested by the parties, but a reasonable division is made according to the share ratio of co-owners according to the court's discretion, depending on the circumstances of the co-ownership relation or the object of the division. Furthermore, in full consideration of the causes of the co-ownership relationship, the proportion of co-ownership shares, the economic value of the divided shares, and the wishes of co-owners for the divided method, etc.,

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