(영문) 전주지방법원군산지원 2020.11.18 2020가단55723

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원군산지원 2020.11.18 2020가단55723

공유물분할

Text

1. It shall be owned by the plaintiff four hundred and eighty-three square meters prior to Gunsan-si;

2. The plaintiff is the defendant 139,360 won and the plaintiff's objection.

Reasons

1. The Plaintiff and the Defendant shared the land of this case in proportion to 115/116, and 1/116, respectively. The fact that the Plaintiff and the Defendant did not reach an agreement on the method of partition of the land of this case between the Plaintiff and the Defendant by the date of closing the argument in this case is acknowledged by comprehensively taking account of the overall purport of pleadings in the written evidence Nos. 1 and 2.

According to the above facts, the Plaintiff, a co-owner of the land of this case, may request the Defendant, who is another co-owner, to divide the land of this case.

2. In a case where the co-owned property is divided in kind with a judgment on the method of partition of co-owned property, in principle, it shall be divided in kind, but the court shall make a reasonable partition according to the co-ownership relation or the share ratio of co-owners depending on the overall circumstances of the property, which is the object thereof, according to free discretion

In particular, if the form or location of the article jointly owned subject to subdivision, its use, or economic value is not equal, it is also allowed to divide the economic value corresponding to the share ratio in consideration of all such circumstances. If certain requirements are met, it is allowed to divide the article by means of spot distribution in kind. Furthermore, it is reasonable to acquire the article jointly owned by a specific person in consideration of the causes of the sharing relationship, the ratio of the share in common, the economic value of the share in common, and the wishes of the co-owners for the division. If there are special circumstances where it is deemed that acquiring the price of the article jointly owned by another co-owner does not impair the substantial fairness of the co-owner, the article jointly owned is owned by one of the co-owners or several co-owners, and it is owned in kind.

유사 판례

-전주지방법원군산지원 2017.12.19 2016가단8928

-서울서부지방법원 2019.12.18 2019가단212481

-춘천지방법원속초지원 2019.09.20 2019가단120

-창원지방법원 밀양지원 2018.11.27 2017가단2153

-서울서부지방법원 2017.06.23 2016가단34413