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(영문) 대구지방법원 경주지원 2018.12.04 2017가단13420
공유물분할
Text

1. A ship that connects CY 789 square meters in turn to each point of the attached reference indicated in the table 1, 2, 3, 6, 7, 8, 9, and 1.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings:

The Plaintiff shares 2/3 shares and the Defendant shares 1/3 shares in the 789m2 (hereinafter “instant land”).

B. Until the closure of pleadings, the Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant land.

2. Determination as to the cause of action

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the land of this case, may file a claim for partition against the Defendant, a co-owner of the land of this case pursuant to Articles 268 and 269 of the Civil Act.

B. Co-owned property partition method 1) Division of co-owned property may be selected at will if the co-owners reach an agreement, but if the co-owned property is divided through a trial due to the failure to reach an agreement, the court shall in principle divide it in kind, and if it is impossible to divide it in kind or if the value is considerably reduced if it is divided in kind, the court may order the auction of the property. Thus, barring the above circumstances, the court shall make a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several items in kind at the share of each co-owner, and the method of division shall be made by a reasonable division according to the share ratio of the co-owner at the court's discretion, rather than by the method requested by the parties concerned, according to the co-owned relation or all the circumstances of the goods which are the objects thereof (see Supreme Court Decision 2004Da101832, Jul. 22, 2004).

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