beta
(영문) 인천지방법원부천지원 2019.07.11 2018가단125169

공유물분할

Text

1. The remainder of the money obtained by selling 2,917 square meters of the Kansung-gun, Hongsung-gun to an auction and deducting the auction cost from the proceeds shall be attached thereto.

Reasons

1. In full view of the purport of Gap evidence No. 1 and all pleadings, the plaintiff (Appointed Party) shared 1312.652 shares, 13.652 shares, Appointed-gun, Hongsung-gun, Hongsung-gun, 2917 shares, 48.616 shares, 48.616 shares, 1/2 shares, and 1/2 of the net L. The deceased on July 3, 1998. The deceased on July 3, 1998. The deceased on the part of defendant D, E,F, network M, and defendant G deceased on March 18, 2013. The deceased on March 18, 2013, the deceased on the part of the spouse, Defendant H, Defendant I, his children, and JM-M's co-ownership of the property, and the Defendants could not file a claim against the designated party of the co-ownership of the instant land by the date of closing argument.

2. Regarding the method of partition of co-owned property, public property shall, in principle, be divided in kind, but if it is impossible to divide in kind or the value thereof might be reduced remarkably, the court may order auction of things;

(Article 269(2) of the Civil Code. Here, the requirement that "shall not be divided in kind" is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, situation of use, value of use after the division, etc. of the article jointly owned.

(2) In light of the legal principles as seen earlier, the Plaintiff (Appointed Party), the designated parties, and the Defendants shared the instant land, and the said land is owned by the Plaintiff (Appointed Party), the designated parties, and the Defendants. In light of the legal principles as seen earlier, the Defendants share the share of the Plaintiff (Appointed Party), the designated parties, and the Defendants.