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(영문) 서울서부지방법원 2017.06.23 2016가단34413
공유물분할
Text

1.(a)

The defendants are stated in the separate sheet No. 1 among the real estate listed in the separate sheet from the plaintiff (appointed party).

Reasons

1. In full view of the purport of the entire arguments in evidence Nos. 1 through 3 (including paper numbers), the Plaintiff, the designated parties (hereinafter collectively referred to as “Plaintiffs”) and the Defendants owned each share of the instant real estate as stated in the purport of the claim, and it is recognized that there was no agreement between the Plaintiffs and the Defendants on the division of the instant real estate. Thus, the Plaintiffs, co-owners of the instant real estate, as co-owners of the instant real estate, may file a claim against the Defendants, other co-owners, for the division of the instant real estate pursuant to Article 269(1)

2. In the case of dividing the co-owned property by several persons, in principle, the size of the land acquired by each co-owner shall be equal to the ratio of the co-owner's share. However, if the shape or location of the co-owned property to be divided, the situation of its use, or the economic value is not equal, it is allowed to divide the economic value corresponding to the share ratio in consideration of all the circumstances. If certain requirements are met, it is allowed to divide the jointly-owned property by requiring the adjustment of the economic value of money between the co-owners in kind. Furthermore, it is recognized that it is reasonable to acquire the jointly-owned property to a specific person in consideration of the cause of the co-owned relation, the ratio of the co-owned share, the economic value of the co-owned share, the wishes of the co-owners in the division, and other co-owners' acquisition of the share does not interfere with the substantial fairness among the co-owners. If special circumstances are found to exist, the co-owners shall be owned by one or several co-owners, and the co-owners shall own the jointly-owned property in kind.

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