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(영문) 대법원 2016.01.28 2014다72838
공유물분할
Text

All appeals are dismissed.

The costs of appeal are assessed against each appellant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Plaintiff’s ground of appeal

A. Division of an article jointly owned by the co-owners may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the value of the article may be reduced remarkably, the auction of the article may be ordered to be paid in installments.

Therefore, barring the above circumstances, the court shall render a judgment recognizing the sole ownership of each co-owner for 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, rather than by the method requested by the parties.

In the case of land partitioning, 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, but it is not necessarily required to be divided in such a way, but it is also allowed to divide the economic value in proportion to the share ratio if the form, location, use situation, or economic value of the land is not equal.

In addition, when certain requirements are met, it is allowed to divide between co-owners by adjusting the excess or excess of economic value in cash. When the goods jointly owned by many people are divided in kind, it is not possible to divide them in kind.

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