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(영문) 수원지방법원 여주지원 2018.08.21 2018가단50180
공유물분할
Text

1. The Defendants shall pay their respective shares in the attached Form 3 in 331/30 of shares among the real estate listed in the attached Form 1 from the Plaintiff.

Reasons

Facts of recognition

The Plaintiff acquired the said shares on January 2, 2018 in the procedure of the public sale by Korea Asset Management Corporation, which was conducted with respect to 331/3,946 of shares in the instant real estate.

The Defendants are co-owners of the instant real estate, and co-ownership shares in the instant real estate held by the Plaintiff and the Defendants as of the date of closing the argument of the instant case are as shown in attached

The Plaintiff and the Defendants did not reach an agreement on the division of the instant real estate.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 5, the purport of the whole pleadings.

Judgment

The legal doctrine of partition of co-owned property is a litigation for formation, and the co-owned property is the object of co-ownership by exchanging or selling shares among co-owners, and the co-owned relation as to the object of co-owned property is resolved. Thus, the court shall make a reasonable partition according to the co-owner's share ratio according to the co-owned relation or all the circumstances of the object of co-owned property at free discretion, rather than by the method requested by the claimant

Therefore, in the case of dividing goods jointly owned by several persons, the size of the land acquired by each co-owner should be equal to the ratio of the co-owner's share. However, the form or location of the jointly-owned property to be divided, and the use situation or economic value to be equal, if the form or location of the jointly-owned property to be divided is not equal, taking into account all such circumstances into account. If certain requirements are met, it is allowed to divide the property with the economic value corresponding to the share ratio. In addition, it is allowed to divide the property by adjusting the excess or excess of the economic value of money between the co-owners in kind.

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