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(영문) 창원지방법원마산지원 2019.01.23 2017가단1540
공유물분할
Text

1. Of the area of 182 square meters in Changwon-si, Changwon-si, the number of areas indicated in the annexed Form No. 2, 9, 8, 7, and 2 shall be 2.

Reasons

1. In full view of the purport of the entire pleadings in the statement as to the claim for partition of co-owned property No. 1, the Plaintiff and the Defendant owned 1/2 shares of the land of this case as to Masan-si C large 182 square meters (hereinafter “the land of this case”), and the Plaintiff and the Defendant did not reach an agreement on partition of the land of this case.

Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the instant real estate, may request the Defendant, who is another co-owner, to divide the instant land.

2. Method of partition of co-owned property;

A. The court shall, in principle, divide the article jointly owned in kind in a case where the co-owners voluntarily choose the method of consultation, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court may order the auction of the article only when the value of the article is likely to be significantly reduced if the article is divided in kind or in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the article jointly owned by dividing the article into several articles in kind in accordance with the share ratio of each co-owner, and the method of division shall be determined by a reasonable division according to the share ratio of each co-owner in the co-owner, not by the method requested by the parties, according to the co-owner's share ratio. In principle, the area of the land acquired by each co-owner should be equal to the share ratio of the co-owner's co-owner's co-owner's co-owner's share, but it is not necessarily required to be divided in such manner, and if the form, condition of the land or economic value is not equal.

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