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(영문) 대전지방법원 천안지원 2018.01.31 2017가단107939

공유물분할

Text

1. The Plaintiff shall sell the real estate listed in the separate sheet to an auction and the remainder after deducting the auction cost from the price.

Reasons

1. Facts of recognition;

A. On June 28, 2017, the Plaintiff purchased 86/221 shares of the real estate listed in the separate sheet (hereinafter “instant land”) in the public sale procedure, and completed the registration procedure for transfer of ownership.

B. At present, the Plaintiff owned 86/221 shares, 60/221 shares, 15/221 shares, and 15/221 shares, respectively, by Defendant A and C. The Defendants are pro-friendly relations, and there are detached houses on the ground of the instant land.

C. After acquiring shares in ownership, the Plaintiff visited the instant land, but did not meet the Defendants and did not reach an agreement on division until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, images of Gap evidence 4, purport of whole pleadings

2. Determination

(a) Co-owners who have created the right to partition of co-owned property may claim partition of the co-owned property, and if the agreement as to the method of partition of the co-owned property has not been reached, the court may request

(Article 268 and Article 269 of the Civil Act). According to the above facts, the plaintiff and the defendants are co-owners of the land of this case, and they did not reach an agreement on the method of division between the plaintiff and the defendants, the plaintiff is entitled to file a claim for the division of the land of this case against the defendants, who are

B. In principle, partition of co-owned property by a judgment on the method of partition shall be made in kind as long as a reasonable partition can be made according to each co-owner's share. However, if it is impossible to divide in kind or it is possible in form, if the price might considerably decline due to such possible partition, the court may order the auction of the co-owned property to divide the co-owned property by the so-called price division.

(Article 269(2) of the Civil Act. According to the aforementioned facts and the purport of the entire pleadings, the area of the instant land is 469 square meters, and the number of co-owners is four, and on that ground, there are housing units and their co-ownership shares.