(영문) 대전지방법원 2020.07.08 2020가단5089

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(영문) 대전지방법원 2020.07.08 2020가단5089

공유물분할

Text

1. The Defendants shall receive from the Plaintiff the amount corresponding to the stated “amount” in the separate sheet No. 1 attached hereto.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants possess each of their respective shares listed in Paragraph 2 of the attached Table 2 List of Real Estate listed in Paragraph 1 of the same Article (hereinafter “instant Real Estate”).

B. There was no separate agreement between the Plaintiff and the Defendants on the prohibition of subdivision regarding each of the instant real estate, and no agreement on the method of subdivision was reached until the closing date of the instant argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the Plaintiff, a co-owner of the instant real estate, may file a claim for partition against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.

B. As a lawsuit for partition, one method of partition is a litigation for formation, and the co-ownership relation as to the objects of co-ownership is to resolve the co-ownership relation with the objects of co-ownership by exchanging or selling shares among co-owners. As such, the court shall make a reasonable partition according to the co-owners’ share ratio according to the co-ownership relation or all circumstances of the objects, without being able to seek a partition of co-owned property, according to free discretion,

On the other hand, it is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person in consideration of the cause of the co-ownership, the ratio of co-ownership, the economic value of the co-ownership in the case of division, the desire of co-owners in the method of division, etc., and if there are special circumstances to recognize that acquiring the price of the share to another co-owner does not impair the substantial fairness of co-owners, the jointly owned property shall be owned by one of the co-owners or by several co-owners, but the co-owners who own the goods in kind shall compensate for the other

참조조문

-민법 제269조 제1항

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