(영문) 서울남부지방법원 2015.01.20 2014가단26785

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(영문) 서울남부지방법원 2015.01.20 2014가단26785

공유물분할

Text

1. It shall be the sole ownership of the plaintiff by dividing the real estate indicated in the attached list;

2. The plaintiff is against defendant B and D, respectively, 1,848.

Reasons

1. Basic facts

A. Real estate listed in the separate sheet (hereinafter “instant land”) is jointly owned by the Plaintiff and the Defendants. The Plaintiff’s share in the instant land is 255,255,270,270,270, and Defendant B and D’s share is 4,504.5/270,270, respectively, and Defendant C and E’s share is 3,003/270,270, respectively.

B. Until the closing date of the instant argument, there was no agreement between the Plaintiff and the 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 acknowledged as above, the plaintiff, co-owner, may claim the partition of the land of this case, which is co-owned property pursuant to Article 269(1) of the Civil Act.

B. Division of the method of partition of the article jointly owned may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, in principle, the court shall divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the auction of the article can be ordered only when the value of the article is likely to decrease substantially. Thus, barring the above circumstances, the court shall make a judgment to divide the article jointly owned into several articles in kind, and to recognize the sole ownership of each co-owner for the article divided, in accordance with the share ratio of co-owner.

In addition, the method of division would be reasonable division according to the ratio of shares of co-owners according to the situation of the co-ownership relationship or the object of the division according to the discretion of the court, rather than the method requested by the parties.

In addition, when land is partitioned, in principle, the area of land acquired by each co-owner shall be equal to the ratio of the co-owned share, but it is necessary to divide it only in such a way.

참조조문

-민법 제269조 제1항

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