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(영문) 청주지방법원 2021.02.05 2020가단21701

공유물분할

Text

The amount of 189m2 in Kim Jong-si shall be put up for an auction and the auction cost shall be deducted from the price.

Reasons

1. The occurrence of a claim for partition of the article jointly owned;

A. There is no dispute between the parties, or in full view of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 and 2, the F 189 square meters in Kim Jong-si (hereinafter "real estate of this case") shared the share of the plaintiff (the appointed party) and the sperm, and the Defendants in the relevant share in the separate sheet, and there is no agreement on the division of the real estate of this case by the closing date of the argument of this case, and there is no agreement on the prohibition of division.

B. According to the above facts, the plaintiff (the designated party) and the sperm co-owner of the real estate of this case may claim the division of the real estate of this case against the defendants as other co-owners in accordance with Article 269 of the Civil Act.

2. Method of partition of the article jointly owned;

A. As a matter of principle, the method of partition of an article jointly owned by a trial is to be made in kind as long as it is possible to divide the article in kind according to the share of each co-owner. However, if it is impossible to divide the article in kind or if the value of the article in kind is considerably reduced, an auction may be ordered to divide the article in kind. In this case, the requirement that "it is impossible to divide the article in kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use situation of the article in question, and the use value after the division, etc. (see Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009). (b) The real estate in this case is not less than 189 square meters in lot due to the category of land in this case, the number and share ratio of co-owners of the real estate in this case, the minimum size of the article in kind, the area of the article in kind, etc.