logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 밀양지원 2018.11.27 2017가단2153
공유물분할
Text

1. The Plaintiff received KRW 7,047,00 from the Defendant and simultaneously received KRW 7,00 from the Defendant, 1/2.

Reasons

1. The land indicated in paragraph (1) of this Article (hereinafter “instant land”) is jointly owned by the Plaintiff and the Defendant, respectively, by one-half shares, and the fact that no agreement has been reached between the Plaintiff and the Defendant regarding the division of the jointly owned property up to the present time is either a dispute between the parties or is significant in this court.

According to the above facts of recognition, the Plaintiff, a co-owner of the instant land, may request the Defendant, a co-owner, to divide the instant land, which is jointly owned by another co-owner.

2. In the case of dividing goods jointly owned by several persons, the size of the land acquired by each co-owner shall be equal to the ratio of the co-owner's share in principle. However, if the shape or location of the jointly-owned property to be divided, and if the use situation or economic value of the jointly-owned property is not equal, it shall be allowed to divide the economic value in proportion to the share ratio in consideration of all the above circumstances. If certain requirements are met, it is allowed to divide the jointly-owned property by requiring the other co-owners to adjust the excess or excess of the economic value in cash. Furthermore, it is deemed reasonable to acquire the jointly-owned property to a specific person in full consideration of the causes of the co-owned relation, the ratio of the co-owned share, the economic value of the co-owner's share, and the wishes of the co-owners to divide, and if there are special circumstances where the acquisition of the price of the share to another co-owner is deemed not detrimental to the substantial fairness of the co-owner, the jointly-owned property shall be owned by one of the co-owners or several persons, but the other co-owners shall also be allowed to divide in kind in kind.

arrow