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(영문) 광주지방법원목포지원 2020.04.08 2019가단53359
공유물분할
Text

1. The Plaintiff:

A. Defendant B received KRW 11,429,805 from the Plaintiff and simultaneously received KRW 11,429,805 from the Plaintiff, among the real estate listed in the attached Form.

Reasons

1. Basic facts

A. The Plaintiff owns 251/463 shares of the real estate listed in the [Attachment] (hereinafter “instant real estate”).

B. Defendant B, the deceased F’s heir, owns the shares of 200/463 out of the instant real estate.

C. Defendant C, D, and E own each share of 36/3,241 shares (12/463 shares of the network G x 3/7 shares of the inheritance of Defendant C), Defendant D, and E own 24/3,241 shares (12/463 shares of the network G x 2/7 shares of each inheritance of Defendant D and E).

There is no agreement between the Plaintiff and the Defendants on the division of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5, Gap evidence 7 to 12, and the purport of whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the Plaintiff, a co-owner of each real estate of this case, may file a claim for partition of the real estate of this case against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.

B. (1) If an article jointly owned by several persons is divided, in principle, the size of the land acquired by each co-owner shall be equal to the ratio of the co-ownership. However, if the shape or location of the article jointly owned by each co-owner, the use situation, or the economic value is not equal, it is allowed to divide the economic value corresponding to the share ratio in consideration of all the above circumstances. If certain requirements are met, it is allowed to divide the article in kind by requiring the co-owner to adjust the economic value in excess of or in excess of the monetary value among the co-owners. Furthermore, it is about the cause of the co-ownership relationship, the proportion of co-ownership, and the economic value and the method of division if divided.

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