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(영문) 제주지방법원 2016.04.29 2014가단42683
공유물분할
Text

1. With respect to real estate listed in the separate list Nos. 1, the separate list Nos. 2, 3, 4, 5, 1, 51, 1, 81, and 2.

Reasons

Facts of recognition

Attached Form

Land entered in the list (hereinafter referred to as “instant land”) is owned by the Plaintiff and Defendant B, who is the children of H and H, respectively.

However, H had already died, and the Defendants, their children, succeeded to each of 1/6 shares.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 4, and the above fact-finding that the plaintiff and the defendants shared the above land. Thus, one of the co-owners can file a claim for the partition of co-owned land in accordance with Article 268(1) of the Civil Act against the defendants who are other co-owners.

The method of partition of co-owned property may be selected at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial due to the lack of agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the price can be reduced remarkably, by ordering an auction of the goods.

Therefore, barring such circumstances, barring any circumstance as above, the court shall render a judgment recognizing the sole ownership of each co-owner for the goods divided into several goods by dividing the jointly owned property in kind according to the ratio of shares of each co-owner, and the method of division shall be determined by the reasonable division according to the ratio of shares of co-owner according to the co-owner’s share, not by the method requested by the parties but by the court, according to

In addition, when land is partitioned, in principle, the area of land acquired by each co-owner shall be equal to the ratio of the co-owner's share, but it is not necessarily required to be divided in such a way, but it is not equal to the form, location or use of the land, and economic value.

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