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(영문) 서울북부지방법원 2020.09.08 2019가단129262

공유물분할

Text

1. The amount remaining after deducting the auction expenses from the proceeds of the sale of the real estate listed in the annex 1 list;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared each 1/6 share of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) as indicated in the separate sheet No. 2 co-ownership column.

B. The Plaintiff and the Defendants did not reach an agreement on the division of the instant real estate, which is jointly owned.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the facts of the establishment of the claim for partition of the jointly owned property, one of the co-owners of the instant real property may claim against the Defendants, who are other co-owners, the co-owners of the instant real property in common.

(b) Division of co-owned property by a trial on the method of partition of co-owned property may be, in principle, divided in kind as far as it is possible to make a rational partition according to the share of each co-owner, or, if it is impossible to divide in kind or in kind, or if the value thereof is likely to be significantly reduced, the auction of the property may be ordered to pay in kind

(1) The real estate of this case is divided in kind into part of the road, and it is extremely difficult to divide the real estate of this case into part of the road into part of the road, and it is extremely unreasonable among co-owners because the real estate of this case is divided into part of the road, and it is extremely unreasonable to divide the real estate of this case into part of the road. The real estate of this case is divided into part of the road into part of the road, and it is extremely unreasonable to divide it into part of the road into part of the road. In case of divided in kind, it is extremely difficult to divide the real estate of this case into part of the road into part of the road, and it is extremely unreasonable to reduce the value of the real estate of this case into part not abutting on the road and part of the road not abutting on the road.