(영문) 춘천지방법원원주지원 2019.05.09 2017가단37576

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(영문) 춘천지방법원원주지원 2019.05.09 2017가단37576

공유물분할

Text

1. The Defendant shall receive KRW 13,000,000 from the Plaintiff, and shall be paid to the Plaintiff in Dongdong-si, Won-si, Seoul, and KRW 585,00.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are the co-ownership right holders of the Kuju-si CJ 357 square meters (hereinafter in this case’s land’) and the Plaintiff currently holds the shares of 15639/1624, and the Defendant holds the shares of 585/1624.

B. The Plaintiff and the Defendant did not reach an agreement as to the partition of co-owned property on the instant land.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 3, 4, and 5, the purport of the whole pleadings

2. The parties asserted that the plaintiff's assertion made efforts to preserve the value of the land by removing the building on the land of this case without permission, and most of the shares are currently held by the defendant. On the contrary, the defendant's share is not so small that the defendant can enjoy economic value even if he owns a part of the land in kind, so it is difficult to view that the plaintiff can enjoy economic value even if he owns the land in kind, it is reasonable to compensate for the value of the defendant's share and acquire it independently. The defendant asserts that the compensation offered by the plaintiff is not appropriate and reasonable compensation, but in case of a spot-sale

3. Determination

A. As long as an agreement on the method of partition of the instant land has not been reached between the Plaintiff and the Defendant upon occurrence of the right to claim a partition of co-owned property, the Plaintiff may file a claim against the Defendant for partition of co-owned property.

B. As a lawsuit for partition of co-owned property, the method of partition of co-owned property is a litigation for formation, and the co-owned property subject to co-ownership through the exchange or sale of shares between co-owners, and the co-owned relation as to the objects is resolved. Thus, the court shall make a reasonable partition according to the co-owner’s share ratio according to the co-owned relation or the whole circumstances of the objects, without being able to seek a partition of co-owned property,

The cause of sharing relationship is the cause of sharing relationship.

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