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(영문) 서울서부지방법원 2019.12.18 2019가단212481
공유물분할
Text

1. The Defendants shall receive each corresponding amount from the Plaintiff, as stated in the “value of shares” in the separate sheet No. 3 attached hereto.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared each land listed in the separate sheet No. 1 (hereinafter “each land of this case”) in the same proportion as indicated in the separate sheet No. 2.

B. The Plaintiff and the Defendants did not reach an agreement on the division of each of the instant land.

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

2. According to the facts acknowledged above, the Plaintiff, a co-owner of each of the lands of this case, may file a lawsuit against the Defendants, who are other co-owners, in accordance with Article 269(1) of the Civil Act, to divide each of the lands of this case.

3. Method of partition of co-owned property;

A. In the case of the division of an article jointly owned by several persons, in principle, each co-owner's land size shall be equal to the share of co-owner. However, if the form or location of the jointly-owned article subject to division, the situation of its use, or the economic value is not equal, it is also allowed to divide the jointly-owned article into an economic value corresponding to the share ratio, taking into account all such circumstances into account. If certain requirements are met, it is allowed to divide the jointly-owned property by requiring the adjustment of the economic value in cash between the co-owners. Furthermore, it is recognized that it is reasonable to acquire the jointly-owned property to a specific person by comprehensively taking into account the causes of the co-ownership relationship, the ratio of co-ownership, the economic value of the share, and the wishes of the co-owners to divide, and if there are special circumstances where it is deemed that the acquisition of the share price to another co-owner does not undermine the substantial fairness between the co-owners, the jointly-owned property shall be owned by one of the co-owners alone or in kind.

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