(영문) 창원지방법원진주지원 2017.10.24 2016가단34591

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자간(%)

(영문) 창원지방법원진주지원 2017.10.24 2016가단34591

공유물분할

Text

1. The amount remaining after deducting the expenses for the auction from the proceeds of each real estate stated in the attached Form shall be sold at auction;

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) owned one eight-eight percent of the net, AA, AB, and R respectively, and AC owned four-eight percent of the share. However, the Plaintiff was awarded a successful bid on June 24, 2016, and following the death of the network, AA, AB, R, and AC, the Defendants shared the instant real estate as indicated in the separate sheet by co-owner.

B. The Plaintiff and the Defendants did not reach an agreement on the method of partition of each land of this case until the conclusion of the pleadings of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land of this case against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

According to the above facts, the Plaintiff, one of the co-owners of the instant real estate, may file a claim for the partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act, and if the agreement on the method of partition has not been reached, the Plaintiff may file a claim with the court pursuant to Article 269(

However, as seen earlier, the agreement on partition of co-owned property with the Plaintiff and the Defendants did not lead to an agreement, so the Plaintiff’s claim for partition of co-owned property on the instant real estate has merit.

B. Co-owned property partition by one trial on the method of partition shall be, in principle, by the method of in-kind division as long as a rational partition can be made according to the shares of each co-owner. However, even if it is impossible in-kind division or it is possible in form, if the price might be reduced remarkably due to such act, it shall be done by the method of so-called payment division by ordering the auction of the co-owned property to divide the price.

The payment shall be made in kind.

참조조문

-민법 제268조 제1항

-민법 제269조 제1항

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