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(영문) 인천지방법원 부천지원 2021.01.27 2019가단25945
공유물분할
Text

1. A. At the same time, the Plaintiff received KRW 409,863,388 from Defendant B, and at the same time, was 422m2 square meters in Bupyeong-si.

Reasons

As of the closing date of pleadings with respect to the land of this case (hereinafter “instant land”), the Plaintiff and the Defendants shared the following matters as of the date of conclusion of pleadings.

- Plaintiff: 7.47/1831 Shares - Defendant B: 780.56/1831 Shares - Defendant F (hereinafter “Defendant”) F, who succeeded to the Defendant (hereinafter “Defendant”) donated F, on August 19, 2020, shares of 78.19/1831 shares out of the instant land to F, which were donated to Defendant Intervenor F.

According to the above facts, the Plaintiff and the Defendants shared the real estate of this case, consultation on the method of partition between the Plaintiff and the Defendant on the method of partition of each of the real estate of this case was not concluded until the closing of pleadings of this case, and there is no evidence to prove that there was a special agreement to prohibit partition of each of the real estate of this case.

Therefore, one of co-owners can file a claim against the Defendants, who are other co-owners, for the division of the instant real estate pursuant to Articles 268(1) and 269(1) of the Civil Act.

B. The lawsuit for partition of the jointly-owned property is a form of lawsuit for partition of the jointly-owned property. As such, the court should make a reasonable partition according to the share ratio of co-owners depending on the co-ownership relation or the overall circumstances of the property, regardless of the method requested by the claimant for partition, as the object of the co-ownership is the sole ownership through the exchange of shares between co-owners or the sale and purchase of shares.

It is recognized that it is reasonable to acquire the article jointly owned in question to a specific person in consideration of the cause of sharing and the ratio of share to share, the economic value of divided land, the wishes of co-owners for divided method, etc., and the other co-owners shall acquire the article jointly owned in question.

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