(영문) 수원지방법원성남지원 2016.11.25 2015가단36715

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(영문) 수원지방법원성남지원 2016.11.25 2015가단36715

공유물분할

Text

1. As to the Plaintiff, with respect to the 177 square meters of land in Seongbuk-gu, Sungnam-si:

(a) Defendant (Appointed Party), Appointed D, E, F, and G;

Reasons

1. The plaintiff (shares 70/968), the defendant B (Appointed Party), the Appointed Party (Appointed Party), D (Share 5148/163592), H (Share 5148/163592), E (Share 572/163592), F (Share 5148/163592), G (Share 5148/163592), and G (Share 5148/163592), co-ownership of the land of this case) 177 square meters (hereinafter "real estate of this case"). The plaintiff and the Appointed Party (Appointed Party) did not dispute between the parties, or did not reach an agreement on the method of partition of the real estate of this case by the date of closing argument, according to the purport of Paragraph 1, 2, and 3 of the Civil Act, the plaintiff can file a claim for partition of the real estate of this case as a co-owner of the other real estate of this case.

2. Method of partition of co-owned property;

A. As a lawsuit for partition of co-owned property, the legal doctrine is a litigation for formation, and it refers to resolving the co-ownership relation as to the objects of co-owned property by exchanging or selling shares among co-owners. As such, the court shall make a reasonable partition according to the co-owner’s share ratio according to the co-ownership relation or the overall circumstances of the objects of co-owned property at free discretion, rather than by the method requested by the claimant for partition of co

(See Supreme Court Decisions 93Da27819 delivered on December 7, 1993, 97Da18219 delivered on September 9, 1997, etc.). Therefore, in cases of dividing an article jointly owned by multiple persons, the area of the land acquired by each co-owner shall be equal to that of the co-owner’s co-ownership, in principle, inasmuch as the area of the article jointly owned by each co-owner is equal to that of the co-owner’s co-ownership. However, it is not necessarily necessary to divide the article only by such method, but it is economically feasible in light of all the above circumstances.

참조조문

-민법 제269조 제1항

참조판례

-대법원 1993. 12. 7. 선고 93다27819 판결

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