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(영문) 인천지방법원 2017.09.28 2017가단209524

공유물분할

Text

1. (Attached Form 1) The real estate listed in the list shall be put to an auction and the remainder after deducting the auction cost from the price.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants, as the inheritors of the network H (Death on May 8, 2012), share each real estate listed in the [Attachment 1] list (hereinafter “each real estate of this case”) by inheritance. The share ratio of each real estate of this case is as shown in the list (attached Form 2).

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing each of the instant real estate until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 9 through 16, the purport of the whole pleadings

2. According to the facts acknowledged above, one of the co-owners of each real estate of this case may claim the partition of co-owned property against the Defendants, who are other co-owners, pursuant to Article 268(1) of the Civil Act.

3. Method of partition of co-owned property;

(a) If the principle for the method of partition of co-owned property is unable to be divided in kind or the value thereof is likely to be reduced remarkably due to the division, the court may order an auction of things; and

(Article 269(2) of the Civil Act. In principle, division of co-owned property by trial shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner. However, the requirement that "it cannot be divided in kind" in the price division is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, situation of use of the co-owned property, use value after the partition, etc.

(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned by the sole owner is likely to be reduced significantly than the value of the property before the division.

B. (See Supreme Court Decision 2002Da4580 delivered on April 12, 2002).

In this case, the number of each real estate of this case is as follows.