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(영문) 창원지방법원마산지원 2014.08.06 2012가단9532
공유물분할
Text

1. A ship that connects each point of the attached Form No. 1, 2, 3, 9, 8, 7, and 1 among the 330 square meters in Haak-gun B, Gyeongnam-gun.

Reasons

1. Basic facts

A. Of 330 square meters (hereinafter “instant land”), the Plaintiff owns 3/4 shares, and the Defendant owns 1/4 shares, respectively.

B. Although the Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant land, which is jointly owned, until the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the above facts, the plaintiff and the defendant, co-owner of the land of this case, may claim the partition of the land of this case against each other.

B. Division of an article jointly owned by a co-owner may be selected at will if there is no agreement among the co-owners, but if the article jointly owned is divided by a trial, in principle, the court shall divide it in kind. If it is impossible to divide it in kind or if the value of the article is considerably reduced if it is divided in kind, the court may order the auction of the article. Thus, barring such circumstances, the court shall decide to recognize the sole ownership of each co-owner for the article jointly owned by dividing it into several articles in kind in proportion to the share of each co-owner, and the method of division shall be a reasonable division according to the share ratio of the co-owner at the discretion of the court, rather than by the method requested by the parties, according to the co-owner's share ratio (see, e.g., Supreme Court Decisions 97Da18219, Sep. 9, 1997; 2009Da7911, Feb. 25, 2010; 2009Da71130, etc.).

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