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(영문) 대전지방법원 2017.10.20 2017가단212214
공유물분할
Text

1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

Reasons

1. The plaintiff and the defendants shared each real estate listed in the separate sheet (hereinafter referred to as "the real estate of this case") in the share ratio of 1/4, respectively. The agreement on the method of partition between the plaintiff and the defendants was not concluded, and the real estate of this case does not have any special agreement prohibiting partition. The fact that there is no dispute between the parties, or that there is no special agreement prohibiting partition, can be acknowledged by taking into account the whole purport of the pleadings in each statement listed in the separate sheet Nos. 1

2. Determination

A. According to the above facts of recognition, the Plaintiff, as co-owners of the instant real estate, may claim the division of the real estate to other co-owners.

B. Furthermore, with respect to the method of the division of the common property, the method of the division of the common property in general by the trial is the principle of the division in kind, and if it is impossible to divide the common property in kind or if the value of the common property might be significantly decreased if the division in kind is made in kind, an auction may be ordered to divide the property. In the payment in kind, the term "where it is impossible to divide the common property in kind" includes cases where it is difficult or inappropriate to divide the common property in kind in light of the nature, location, area, use status, and the use value after the division, etc. of the common property, not physically strict interpretation.

In light of all the circumstances revealed in the pleadings of this case, such as the fact that the real estate listed in paragraph (2) of the attached Table No. 2 among the real estate of this case is a building of the second floor above ground, it is practically impossible to divide the real estate of this case into the spot, the fact that the plaintiff does not respond to the claim for the payment of the price of this case, and the fact that the real estate of this case is acquired by the plaintiff and the defendants, and the situation of the real estate of this case, it is deemed that the real estate of this case constitutes a case where it is difficult to divide in kind or it is inappropriate to divide in kind. Thus, the real estate

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