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(영문) 청주지방법원 2019.02.14 2018가단3397
공유물분할
Text

1. The amount remaining after deducting the auction expenses from the proceeds of the sale by selling the real estate listed in the attached list to an auction shall be attached Form 2.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants according to the shares listed in the separate sheet No. 2. The instant real estate consists of a single-story house in the wall structure roof and a warehouse of an affiliated building.

B. There is no agreement between the Plaintiff and the Defendants on the division of co-owned property.

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's evidence Nos. 1 through 4, and the purport of whole pleading

2. Determination

(a) Co-owners who have created the right to partition of co-owned property may file a claim for partition of the co-owned property (main sentence of Article 268(1) of the Civil Act). If the consultation on the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court; if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such partition, the

(Article 269 of the Civil Act). Therefore, the Plaintiff, a co-owner of the instant real estate, may request the Defendants, who are other co-owners, to divide the pertinent real estate under the main sentence of Article 268(1) and Article 269 of the Civil Act.

B. The method of partition of co-owned property in this case is that it is impossible to divide the real estate into a building in kind or it is likely that the value will be reduced remarkably due to the division, and the market price of the real estate in this case cannot be confirmed because the plaintiff mentioned the market price appraisal in the complaint but failed to file an application for appraisal thereafter. In light of the location, form, use relation of each real estate in this case and other all other circumstances, it is considerably difficult or inappropriate to divide the real estate in kind according to the share ratio between the plaintiff and the defendants. Thus, each real estate in this case is reasonable by the method of payment by auction.

3. According to the conclusion, each of the instant real estate is put to an auction and the auction cost is deducted from the proceeds.

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