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(영문) 서울중앙지방법원 2015.11.18 2015가단99432

공유물분할

Text

1. The real estate stated in the separate sheet shall be put to an auction and the proceeds of the sale shall be deducted from the auction cost;

Reasons

The Plaintiff and the Defendant, while divorced on March 23, 2012, owned 1/2 shares of each of the real estate listed in the separate sheet, and there is an agreement that sells real estate listed in the separate sheet at the time of divorce and divided one-half of the sales proceeds after deducting taxes and public charges from the sale proceeds, and the agreement on the partition of co-owned property is not concluded. In principle, the partition of co-owned property by a trial is divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is physically impossible to divide the co-owner in kind or it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location or size of the co-owned property or the use value after the division, the co-owned property may be sold at auction and distributed the proceeds thereof. It