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(영문) 대전지방법원 2014.04.10 2012가합34300
공유물분할
Text

1. Of the 3,562 square meters of land in Gwangju Mine-gu, Gwangju Metropolitan City, each point of the attached Form No. 3, 4, 5, 6, 7, 12, 11, and 3 are linked in sequence.

Reasons

Based on the facts, the Plaintiff (Appointed Party) and the Defendant share D 356.2/3562m2 (hereinafter “instant land”) of 356.2/3562 of 3562 of 356.8/3562 of 35.3/3562 of 208 G 208.3/3562 of 118.7/3562 of 1306.1/3562 of 1306.1/3562 of 3,562 of 3562 of 3562 of 3562 of 3562 of 3562 of 3562 of 1/5 of 3562 of 3

Even until the closing date of the instant case, there was no agreement between the Plaintiff, etc. and the Defendant on the method of dividing the instant land.

[Judgment as to the ground for recognition]less dispute, Gap's evidence No. 7, and ground for appeal as a whole

A. According to the above facts, the Plaintiff, etc., co-owner, may file a partition claim against the Defendant, who is another co-owner, pursuant to Articles 268 and 269 of the Civil Act.

B. The method of partition, lawsuit for partition, and lawsuit for partition of co-owned property is a litigation for formation, and it refers to the resolution of co-ownership relation as to the objects of co-ownership by exchanging or selling shares among co-owners. Thus, the court shall make a rational partition according to co-owners' share ratio according to the co-ownership relation or all circumstances of the objects, regardless of the method of claiming partition of co-owned property, according to free discretion, according to the co-ownership relation or the free discretion

On the other hand, in cases of dividing goods jointly owned by several persons, the area of land acquired by each co-owner shall be equal to the ratio of his/her co-ownership. However, it is not necessarily required to be divided only in such a way, but if the shape or location of the jointly-owned property subject to division, the situation of the use thereof, or the economic value is not equal, it is also allowed to divide the economic value in proportion to the ratio of shares in consideration of such various circumstances, and if certain requirements are met.

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