(영문) 울산지방법원 2017.05.30 2016가단18905



1. The amount remaining after deducting the auction costs from the proceeds of the sale by selling the real estate listed in the annex list to an auction.


There is no dispute between the parties, or according to the purport of Gap's evidence Nos. 1 and 2 and all pleadings, with respect to the real estate listed in the separate sheet (hereinafter referred to as "the real estate in this case"), the plaintiff is a co-owner whose share of 3/10, defendant Eul's 2/10, defendant Eul's 2/10, defendant Eul's 10/10, and defendant Eul's 1/10; consultation on the method of dividing the real estate in this case was not reached between the plaintiff and the defendants; there was no agreement to prohibit division; and there was no other counter-proof.

According to the above facts of recognition, the real estate of this case shall make a partition of co-owned property according to the judgment upon the plaintiff's request, except in extenuating circumstances.

In principle, the partition of co-owned property by judgment shall be made by the method of in-kind division as long as the price can be reasonably divided according to each co-owner's share. However, even if it is impossible or possible in-kind form, if the price is likely to decrease substantially, the auction of the co-owned property shall be ordered, and the price shall not be divided in-kind, but the requirement of "in-kind division" shall not be physically strict interpretation, and it shall include cases where it is difficult or inappropriate to divide the co-owned property in-kind in light of the nature, location, area, use situation, and use value after the division.

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002, etc.). In light of the above legal principles, considering that the instant real estate appears to be difficult to reach an agreement on the division in kind between the parties, and the location, current status, availability of contributions, possibility of future use, etc. of the instant real estate, the instant real estate constitutes a case where it is difficult or inappropriate to divide in kind the said real estate. Thus, the division of the said real estate is conducted by auction.