(영문) 대구지방법원경주지원 2015.10.27 2014가단5770

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자간(%)

(영문) 대구지방법원경주지원 2015.10.27 2014가단5770

공유물분할

Text

1. The Defendants shall be divided into co-ownership of each of 1/3 shares of E road at racing-si.

2. The defendants are the defendants.

Reasons

1. Basic facts

A. The Plaintiff, Appointed F, and the Defendants share 1/40 of the Plaintiff’s 966 square meters of land E-road (hereinafter “instant real estate”) in racing-si, and 9/40 of the Appointed F, and the Defendants share 10/40 of each of them.

B. There was no agreement on the method of dividing the instant real estate between the Plaintiff, Appointed F and the Defendants.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as the co-owner of the co-owned property partition claim, the plaintiff and the selected F, who are co-owners of the land of this case, may file a claim for partition of the real estate of this case against the defendants who are

B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, in principle, the court shall divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the auction of the property can be ordered only when the value might be reduced remarkably. Thus, barring the above circumstances, the court shall make a judgment to divide the co-owned property into several items in kind according to the ratio of shares of co-owners and to recognize the sole ownership of each co-owner for the divided property.

In addition, the method of division would be reasonable division according to the ratio of shares of co-owners according to the situation of the co-ownership relationship or the object of the division according to the discretion of the court, rather than the method requested by the parties.

In addition, when land is partitioned, in principle, the area of the land acquired by each co-owner shall be equal to the ratio of the co-owned share, but it is not necessarily necessary to divide it only in such a way, but the form or location of the land, and so on.

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