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(영문) 대구지방법원 서부지원 2018.04.18 2016가단12094
공유물분할
Text

1. The Plaintiff’s share of 4/7 and the Defendant C/7 shares of 17,455 square meters of real estate D forest land in Gyeongbuk-do, Hongbuk-do.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner of the instant land, who purchased shares in F on November 17, 2017 and purchased shares in 34/119, the entire shares in G on December 11, 2017 and became 3/7 co-owners of the instant land, while Defendant B is a co-owner of the instant land, and Defendant C is a co-owner of the instant land, who owns 1/7 shares in the instant land, and 3/7 shares in the instant land out of the instant land, and 3/7 shares in the instant land, as co-owners of the instant land, who own 3/7 shares in the instant land, on October 8, 2012, after being awarded a successful bid at the Seo-gu District Court Vice-Support E compulsory auction.

B. Although the Plaintiff intended to consult on the division of the instant land with Defendant B, the Plaintiff did not reach an agreement on the division method of the instant land between the Plaintiff and Defendant B until the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts acknowledged above, the Plaintiff and the Defendants sharing the instant land did not reach an agreement on the method of partition, so the Plaintiff may file a claim against the Defendants, who are other co-owners, for partition of each of the instant land in accordance with Articles 268 and 269 of the Civil Act.

B. As a lawsuit for partition, one lawsuit for partition of co-owned property is formed, and the co-ownership of the objects of co-ownership is decided to resolve the co-ownership relation with the objects of co-ownership by exchanging or selling shares among co-owners. As such, the court does not seek a method to seek the co-owned property but makes a reasonable partition according to the co-owner's share ratio according to the situation of the co-owner's relation or the objects of the co-owned property at free discretion. The circumstances such as the cause of co-ownership relation and the economic value of co-owned property in the case of division, and the desire of

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