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(영문) 대구지방법원 김천지원 2018.08.23 2017가단30107
공유물분할
Text

1. A ship that connects each point of the attached Form 7, 8, 9, 10, 6, and 7, among the area of 53 square meters in Gu, Si, Gu, Si, Do, in sequence.

Reasons

1. Basic facts

A. The Plaintiff A owns 157/325 shares, F’s 56/325 shares, and the Defendant owns 112/325 shares, respectively.

B. The Plaintiff owned the shares of 157/325, the Plaintiff B’s shares of 121/325, and the Defendant owned the shares of 47/325, respectively, in the Gu-si, Gu-si, Gu-si, Seoul, adjacent to the land No. 1 (hereinafter “2 land”).

C. On the ground of land Nos. 1 and 2, buildings owned by Plaintiffs, Defendant, and F are located.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, 13, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the purport of the entire pleading of the claim for partition of co-owned property, the fact that there is no agreement on the division of co-owned property between the plaintiffs and the defendant can be acknowledged. Thus, the plaintiffs, co-owners of the second land, may file a claim for partition of the second land with the defendant, who is another co-owner,

B. The method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. The court may order the auction of the goods only when the value of the property is likely to be significantly reduced if the co-owners divide it in kind or in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the co-owned property into several items in kind, and then the method of partition shall be determined by the ratio of shares of the co-owner according to the share of each co-owner. The method of partition shall not be decided by the parties at their own discretion, but shall be reasonably divided according to the share ratio of the co-owner at the discretion of the court.

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