(영문) 대구지방법원 포항지원 2017.02.14 2016가단6499

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(영문) 대구지방법원 포항지원 2017.02.14 2016가단6499

공유물분할

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1. The remainder of the building stated in the separate sheet after being put up for an auction and deducting the auction cost from the price;

Reasons

1. The Plaintiff and the Defendant shared the building listed in the separate sheet (hereinafter “instant building”) at the share ratio of the Plaintiff 6,426/7,497 and the Defendant 1,071/7,497, on the grounds that there is no dispute between the parties. Thus, the Plaintiff, co-owner of the instant building, may file a claim for partition of the instant building with the Defendant based on his co-ownership.

2. Method of partition of co-owned property;

A. Division of the relevant legal doctrine-based co-ownership can be selected at will if the co-owners reach an agreement, but if the co-ownership is divided through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the value of the property may be reduced remarkably, the auction of the property may be ordered to pay the price.

Therefore, barring such circumstances, barring any circumstance as above, the court shall render a judgment recognizing the sole ownership of each co-owner for the divided goods by dividing the jointly owned property into several goods in kind according to the share ratio of each co-owner, and the method of division shall be determined by the reasonable division according to the share ratio of co-owner according to the co-owner's share ratio according to the court's discretion and the overall situation of the goods, which are the objects of the

In addition, when land is partitioned, in principle, the area of land to be acquired by each co-owner shall be equal to the ratio of the co-owner's share. However, it is not necessarily necessary to divide it by such method, but if the form, location, the situation of the use of the land or the economic value is not equal, it is also allowed to divide the economic value in proportion to the share ratio in consideration of all such circumstances. If certain requirements are met, the co-owner

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