logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.11.16 2017가단109531
공유물분할
Text

1. The head of Gangseo-gu Busan Metropolitan City is one of the categories of 1, 2, 3, 4, 5, 6, 7, 8, 20, 21, 18, 19, and 1 of the annexed drawings among them.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant shared 1/2 shares of 276 square meters prior to Busan Gangseo-gu, Busan (hereinafter “instant land”).

B. Until the date of closing the argument in this case, there was no agreement between the Plaintiff and the Defendant on the method of dividing the land in this case.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 4, the purport of whole pleadings

2. Determination on the cause of the claim

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. The method of partition of co-owned property (1) may be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, in principle, the court shall divide it in kind. If the co-owned property is divided in kind, or if it is impossible to divide it in kind or if the value of the property is considerably reduced, the auction of the property may be ordered. 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 according to the share ratio of each co-owner. Barring the above circumstances, the method of partition shall be determined by the court at its discretion, rather than by the method requested by the parties, according to the co-owned relation or the overall situation of the property which is the object thereof (see, e.g., Supreme Court Decision 2004Da10183, Jul. 22, 2004). 204).

arrow