logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.12.19 2018가단9804
공유물분할
Text

1. Sejong Special Self-Governing City housing with one 46.13 square meters and two dong housing with one 46.13 square meters and two ridges for the ground of Sejong Special Self-Governing City;

Reasons

1. In addition to the purport of each statement in Gap evidence Nos. 1 through 9 (including each number), it is recognized that the plaintiff and the defendant share the real estate recorded in the order (hereinafter referred to as "the real estate of this case") at the ratio indicated in the text, and that there is no partition consultation between the plaintiff and the defendant on the real estate of this case.

Therefore, the Plaintiff may request the Defendant to divide the above real estate.

2. The Plaintiff seeks payment by dividing the real estate of this case into the method of dividing it.

In the case of dividing the jointly-owned property through a trial, in principle, dividing it in kind, or in the case of dividing it in kind or when it is impossible to divide it in kind or in the case of dividing it in kind, the value thereof is likely to decrease remarkably, the auction of the jointly-owned property may be ordered to pay it in installments.

3. According to the above legal principles, the real estate of this case is a building site and its ground, and the shares of the plaintiff and the defendant are as seen earlier. If the real estate is divided in kind according to the share ratio, it is highly likely that the real estate will not be used for its original purpose, and its value will significantly decrease.

4. If so, the real estate of this case is divided by auction, and the cost of lawsuit is assessed against each party. It is so decided as per Disposition.

arrow