(영문) 수원지방법원성남지원 2019.03.29 2018가단227796

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원성남지원 2019.03.29 2018가단227796

공유물분할

Text

1. The real estate stated in the annexed list 1 is attached to an auction and the auction cost is deducted from the proceeds of the sale;

Reasons

1. In full view of the purport of the entire pleadings in the statement No. 1 as to the claim for partition of co-owned property, the Plaintiff and Defendant B shared 1/3 shares, 3/21 shares, 2/21 shares, 3/21 shares, 3/21 shares, and 2/21 shares among the above parties, and the fact that the above parties did not reach an agreement on the method of partition of the instant real property. Thus, the Plaintiff, co-owner of the instant real property, as co-owner of the instant real estate, may file a claim for partition of the instant real estate jointly owned by other co-owners pursuant to Article 269(1) of the Civil Act

The defendants asserted that the consent of all co-owners is necessary for the claim for partition of co-owned property, but there is no legal basis to recognize it.

Furthermore, the Defendants asserts that co-owners agreed to use the instant real estate as a road.

Even if the Defendants’ assertion was decided by the agreement prohibiting partition of co-owned property, there is no ground to deem that such agreement extends to the Plaintiff as a specific successor.

(Supreme Court Decision 75Da82 delivered on November 11, 1975, etc.). Accordingly, we cannot accept the Defendants’ assertion.

2. Method of partition of co-owned property;

(a) The partition of a co-owned property by judgment shall be made by the method of spot partition, or by the method of spot partition, if it is impossible to divide it in kind or even if it is possible in kind, if the price might be reduced remarkably as a result thereof, if the auction of the co-owned property is ordered, and the proceeds thereof shall be divided in installments;

"The price is significantly reduced due to the in-kind division" means not only the case where the exchange value of the whole co-owned property is significantly reduced due to the in-kind division but also the case where the co-owners are not divided fairly, and even one party is not divided, the value of the part to be owned independently due to the in-kind division is more considerably than the share value before the co-owned property is

참조조문

-민법 제269조 제1항

참조판례

-대법원 1975. 11. 11. 선고 75다82 판결

유사 판례

-수원지방법원평택지원 2016.09.21 2016가단40311

-인천지방법원 2018.08.16 2017가단253026

-대구지방법원 2015.11.27 2015가단111652

-광주지방법원 2018.08.22 2018가단2252

-수원지방법원 성남지원 2018.11.30 2018가단228058