(영문) 수원지방법원성남지원 2019.12.13 2018가단240157

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(영문) 수원지방법원성남지원 2019.12.13 2018가단240157

공유물분할

Text

1. He shall sell 1,966 square meters of PP land to an auction at Pocheon-si, and the remainder after subtracting the auction cost from the price shall be attached thereto.

Reasons

1. According to the purport of Gap's evidence Nos. 1, 2, and 3 as well as the whole pleadings, it is recognized that the plaintiff, defendants, and designated parties shared the proportion of shares in attached Table 1.

The fact that the above parties did not reach an agreement on the method of dividing the land of this case is significant in this court.

Therefore, the Plaintiff, a co-owner of the instant land, may file a claim for the partition of each of the instant land, which is jointly owned, pursuant to Article 269(1) of the Civil Act, against the Defendants and the designated parties, who are

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" includes 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 value of the part to be owned independently due to the in-kind division is significantly reduced compared to the share value in the co-owners before the partition of co-owned property.

Therefore, even if it is possible to divide the article in kind formally, if it is not possible to divide the article in kind according to the ratio of shares of each co-owner in consideration of the location, area and surrounding roads, use value, price, ownership ratio of co-owner and use and profit-making status of each co-owner, it is not necessary to divide the article in kind, but to divide the article jointly owned by the method of payment in kind.

(see, e.g., Supreme Court Decision 92Da30603, Jan. 19, 1993).

참조조문

-민법 제269조 제1항

참조판례

-대법원 1993. 1. 19. 선고 92다30603 판결

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