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(영문) 서울중앙지방법원 2014.11.07 2013가합560234
공유물분할
Text

1. Of the 3,051 square meters prior to Seocho-gu Seoul Metropolitan Government D;

(a)board which connects each point of the annexed sheet Nos. 43, 42, 41, and 43 in sequence.

Reasons

1. Basic facts

A. As to the instant land, the Plaintiff on the Registration of Real Estate shares 220/1,846 shares, 613/1,846 shares by Defendant B, E’s 313/1,846 shares, 150/1,846 shares by the Selection, F, and G, and 400/1,846 shares by Defendant C, respectively.

B. Until the date of the closing of argument in the instant case, there was no agreement between the Plaintiff, Defendant B, and the designated parties, and Defendant C (hereinafter “Defendants”) on the method of dividing the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the above facts, the plaintiff, a co-owner, can file a claim for partition of co-owned property pursuant to Articles 268 and 269 of the Civil Act against the defendants, other co-owners. 2) The method of partition of co-owned property can be chosen at will if the co-owners reach an agreement, but if the co-owners fail to reach an agreement, if the co-owners divide the co-owned property through a trial, the court can divide it in kind in principle. If the co-owned property cannot be divided in kind or if the co-owned property is divided in kind, the auction can be ordered only when the value of the co-owned property might be significantly reduced. Thus, barring the above circumstances, the court shall divide the co-owned property into several things, and decide to recognize each co-owner's sole ownership on the divided property according to the share ratio of each co-owner's co-owner's co-owner's co-owner's co-owner's share in the co-owned relation or the share ratio of the object of the co-owner's share.

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