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(영문) 서울남부지방법원 2019.11.12 2019가단227972
공유물분할
Text

1. The remaining amount after deducting the expenses for the auction from the proceeds of the auction by attaching the real estate stated in the attached list to the auction;

Reasons

1. The plaintiff (appointed party) and the designated parties (hereinafter collectively referred to as "the plaintiff, etc.") and the defendants are co-owners of the real estate listed in the separate sheet (hereinafter referred to as "the real estate in this case"). Since there is no divided agreement between the plaintiff, etc. and the defendants on the real estate in this case, the plaintiff, etc. and the defendants seek the division of the real estate jointly owned by auctioning the real estate in proportion to their co-ownership share of the real estate.

2. Claim against Defendant B and D

(a) the facts stated in the indication of the claim do not conflict between the parties;

B. The partition of co-owned property based on a judgment shall be, in principle, divided in kind to the extent that a reasonable partition can be made according to the share of each co-owner. If it is impossible to divide in kind or the value thereof might be substantially damaged due to the division, the price shall be divided through an auction.

(2) Article 269(2) of the Civil Act. In the event of dividing the land, which is a planned management area under the urban planning ordinance of the Yan City where the instant real estate is located, the minimum division limit area is at least 60 square meters according to the criteria for permission for division of land. Any part of co-owners of the instant real estate becomes at least 60 square meters, and if the instant real estate is divided in kind, some of the Defendants’ shares are at least 50 square meters, and thus, the utility value would be significantly reduced because the value of use is at least 50 square meters. Considering the fact that the shape of the instant real estate is partly adjacent to the road and it is difficult for co-owners to fairly divide the real estate in kind, it is reasonable to divide the proceeds from the auction of the instant

3. Judgment on deemed confessions as to Defendant C (Articles 208(3)2 and 150(1) and (3) of the Civil Procedure Act)

4. The plaintiff (appointed party)'s conclusion.

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