(영문) 인천지방법원 2018.09.05 2017가단16876

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2018.09.05 2017가단16876

공유물분할

Text

1. Of the real estate listed in the separate sheet, each point in the separate sheet No. 15, 14, 5, 6, 7, 8, 9, 10, 11, and 15 is indicated in the annexed sheet.

Reasons

1. Claim for partition of co-owned property

A. 1) The Defendants and F completed the registration of ownership transfer on December 10, 1987 with respect to the instant real estate on the grounds of sale due to compulsory auction on January 16, 2017, the Plaintiff completed the registration of ownership transfer on the grounds of F’s 1/3 share out of the instant real estate on January 16, 2017, and the Plaintiff and the Defendants shared the instant real estate at the ratio of 1/3 shares as of the closing date of the instant argument.

3) The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate. [The fact that there was no dispute over the grounds of recognition, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings

B. The Plaintiff, a co-owner of the instant real estate, and the Defendants did not reach an agreement on the method of partition. As such, the Plaintiff, based on his co-ownership right, has the right to seek co-owned property partition against the Defendants pursuant to Article 268(1) of the Civil Act

2. Method of partition of co-owned property;

A. Legal principles can be applied to the division of the co-owned property at will if the co-owners reach an agreement, but if the co-owners fail to reach an agreement, if the co-owners divide the jointly-owned property by judgment, the court shall divide it in kind in principle. The court may order the auction of the goods only when it is impossible to divide it in kind or when the value of the property is significantly decreased if it is divided in kind. Thus, barring such circumstances, the court shall decide to recognize the co-owners' ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods as it is in kind in accordance with the share ratio of each co-owner, and the method of division shall not be applied in the manner requested by the parties, but shall be at the share ratio of co-owner's co-owners according to the co

참조조문

-민법 제268조 제1항

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