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(영문) 부산지방법원 동부지원 2018.02.28 2016가단200936
공유물분할
Text

1. The defendant C received KRW 1,020,507,278 from the plaintiff and at the same time, paragraph 1 of the attached Table to the plaintiff A.

Reasons

1. The plaintiffs and Defendants shared the real estate listed in the separate sheet No. 1 (hereinafter referred to as "real estate No. 1") listed in the separate sheet No. 3 as co-ownership share ratio, and the real estate listed in the separate sheet No. 2 (hereinafter referred to as "real estate No. 2") listed in the separate sheet No. 1 as the co-ownership share ratio listed in the separate sheet No. 4 when the plaintiffs and Defendant C collectively refer to the real estate No. 1 as well as the real estate No. 2; and the real estate No. 1 as indicated in the separate sheet No. 4 as the co-ownership share ratio; and the facts that the agreement between the plaintiffs and the Defendants was not reached between the parties or by the date of the closing of argument as to the method of partition of each real estate of this case can be acknowledged by comprehensively taking into account the overall purport of the pleadings as to the whole. Accordingly, pursuant to Article 269(1) of the Civil Act, the plaintiffs, co-owners of the real estate No. 1 as co-owners of the remaining real estate No. 2, the co-owners of this case,

2. Method of partition of co-owned property;

A. Relevant legal principles have a unilateral right to abolish the existing co-ownership by filing a claim for partition of the co-owned property and to realize a legal relationship that distributes the co-owned property among the co-owners (the freedom of co-ownership), barring special circumstances, inasmuch as one ownership of the goods is divided in the form of co-ownership of the goods, and one co-owner is divided into several persons. Therefore, if the co-owned property is divided by judgment as the parties fail to reach an agreement, the method may be chosen at will, but if the co-owned property is divided by judgment, the court shall divide it in kind in principle, and if it is not possible to divide it in kind

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