(영문) 전주지방법원군산지원 2020.11.11 2020가단50803

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(영문) 전주지방법원군산지원 2020.11.11 2020가단50803

공유물분할

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1. The plaintiff's lawsuit against the defendant E shall be dismissed.

2. The attached sheet No. 1, 2, 5, 6, among H 4741.6 square meters in Gunsan-si.

Reasons

1. The facts of recognition are as follows: (a) the Plaintiffs and the Defendants shared 1/4, 12/30, 12/30, 12/30, 1/30, 1/30, 1/30, 1/30, 1/30, respectively; (b) the Defendants sold their shares to the Intervenor F on March 31, 2020 while the lawsuit of this case is pending, and completed the registration of ownership transfer on April 3, 2020; (c) there is no dispute between the Plaintiffs, the Defendants, and the Intervenor on the method of dividing the land of this case by the closing date of the argument of this case; or (d) there is no agreement between the Plaintiffs, the Defendants, and the Intervenor on the method of dividing the land of this case by the entry and image of the evidence Nos. 1 through 5.

2. According to the above facts of recognition as to the legitimacy of the lawsuit against Defendant E, Defendant E remains without withdrawal from the lawsuit even if it is no longer a co-owner of the land of this case. Thus, the lawsuit against the above Defendant against the said Defendant is unlawful since it against a person who has no standing to be a party.

(See Supreme Court Decision 2015Da50293 Decided February 18, 2016). 3. According to the fact that the creation of the right to partition of co-owned property and the method of partition are recognized, the Plaintiffs, co-owners of the instant land, may file a claim against the Defendants, co-owners, and the Intervenor, for the partition of the instant land.

In a case where a co-owner divides co-owned property through a trial because there is no agreement between the co-owners on the division of the co-owned property, the court shall, in principle, divide it in kind, and if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the auction of the goods can be ordered only when the value of the goods is likely to be significantly reduced. Thus, barring the above circumstances, the court shall divide the co-owned property into several goods in kind in accordance with the ratio of shares of co-owners, and shall render a judgment to recognize

Supreme Court Decision 201No. 26.3. 26.

참조판례

-대법원 2016.2.18.선고 2015다50293 판결

유사 판례

-수원지방법원 여주지원 2018.05.08 2016가단56085

-수원지방법원 2017.04.19 2015가단22270

-청주지방법원 2015.06.04 2014가단157210

-전주지방법원군산지원 2020.11.18 2020가단55723

-대전지방법원공주지원 2017.10.18 2016가합20301