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(영문) 서울북부지방법원 2016.07.07 2016가단7248

공유물분할

Text

1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the buildings listed in the attached Form;

Reasons

1. Facts of recognition;

A. The buildings listed in the separate sheet (hereinafter “the apartment of this case”) share 2/6 shares in the Plaintiff and the Defendants share 1/6 shares in each of them.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant apartment.

[Ground for recognition] Unsatisfy

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the apartment of this case, may request the other co-owners to divide the apartment of this case pursuant to Article 269(1) of the Civil Act.

B. Furthermore, as to the detailed method of partition, the partition of co-owned property by trial shall be made by the method of spot partition as long as it is possible to make a reasonable partition according to the share of each co-owner. However, even if it is impossible in kind or it is possible in form, if the price might be reduced remarkably, the auction of the co-owned property should be ordered, and if the price is likely to be reduced remarkably, the auction of the co-owned property should be ordered. The following facts and circumstances are acknowledged in light of the following facts and circumstances, namely, the apartment of this case is a multi-story apartment for residential purpose, the fact that the apartment of this case is a multi-story apartment for residential purpose, the lessee is currently residing and some share is attached, and it is inappropriate to divide the apartment of this case in kind according to the share of each co-owner in the ownership of each co-owner, so it is inappropriate to divide it by the method of spot installment.

3. The conclusion is that the apartment of this case is put up for auction and the proceeds from the sale are distributed to the plaintiff and the defendants in share ratio, but the costs of the lawsuit are to be borne by each party in consideration of all the circumstances, such as the progress of the partition lawsuit on the jointly owned property.