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(영문) 창원지방법원 2017.06.14 2016가단111754
공유물분할
Text

1.Attachment 1.The real estate listed in the real estate list shall be put to an auction and the auction cost shall be deducted from each proceeds thereof.

Reasons

1. The plaintiff's underlying facts of the plaintiff's claim of this case are as shown in the "Cause of Claim" as shown in the separate sheet No. 1. The facts that the plaintiff and the defendants shared each real estate listed in the separate sheet No. 1. Real Estate List No. 1. can be recognized by the overall purport of the statements and arguments as to the defendant B, C, and D, and the remaining defendants shall be deemed to have been led to confession.

2. The judgment on the plaintiff's claim (1) co-owners may claim a partition of the article jointly owned (the main sentence of Article 268 (1) of the Civil Act). If the consultation on the method of partition does not lead to an agreement on the method of partition, co-owners may request a court to divide it, and if it is impossible to divide it in kind or the value of the article is likely to decrease remarkably due to the division, the

(2) On the other hand, the partition of co-owned property by a trial is in principle based on the method of spot partition, but it is impossible or possible in kind to divide it in kind.

Even if the price of the article jointly owned is likely to be reduced remarkably due to it, the auction is ordered pursuant to Article 269(2) of the Civil Code and the price is divided. The price of the article substantially reduced due to the in-kind division is not only the case where the exchange value of the whole article jointly owned is significantly reduced due to the in-kind division but also the case where the value of the part to be owned by the owner is significantly reduced than the share value before the partition of co-owned property as well as the case where the share value of the article to be owned by the co-owner as a result of the in-kind division is not fair. Thus, in form, the in-kind division is possible.

Even if the location, area, surrounding road conditions, use value, price, shares of each co-owner and the current status of use and profit-making of the co-owner are considered.

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