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(영문) 부산지방법원 2017.11.16 2016가단336969

공유물분할

Text

Attached Form

The real estate stated in the list shall be put to an auction and the remainder after deducting the auction cost from the price.

Reasons

Facts of recognition

The original Defendant shares the real estate listed in the attached list (hereinafter referred to as “instant real estate”) in proportion to co-ownership shares in the attached Form.

Attached Form 8700/56510, which is a co-owned share of the deceased H, is divided in proportion to the shares of the litigants.

1. The share is entered; and

A) According to the aforementioned facts, the Plaintiff, a co-owner of the instant real estate, is entitled to file a claim for the partition of the instant real estate against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act, pursuant to Article 269(1) of the Civil Act. Furthermore, the court may order the auction of the instant real estate (Article 269(1) and (2) of the Civil Act) where the division of the instant real estate is not possible, or the value of the pertinent real estate may be reduced significantly due to the division of the real estate in kind, or it is difficult to divide the real estate into the real estate in kind (Article 269(1) and (2) of the Civil Act). In other words, the real estate of this case is adjacent to the road corresponding to the second line of road, and the value assessed by the original Defendant according to the location of the instant real estate is difficult to accurately reflect it in kind. Thus, it is reasonable to deem that it is difficult to sell the real estate in kind or in kind.

Therefore, according to the conclusion, the real estate of this case is sold at auction and the remaining amount after deducting the auction cost from the price is distributed in the ratio of co-ownership shares stated in the attached Form. In light of the circumstances of this case, the litigation cost is assessed against each party.