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(영문) 전주지방법원남원지원 2020.06.03 2019가단1399
공유물분할
Text

[Attachment 1] The amount of money remaining after deducting the auction cost from the proceeds of the sale by selling each real estate listed in the list.

Reasons

1. The plaintiff and the defendants share each real estate listed in the list (attached Form 1) (hereinafter referred to as "each real estate of this case", and each real estate shall be specified in the sequence thereof) (attached Form 2).

The Donggsan Tax Office seized the shares of Defendant F among the real estate Nos. 1 and 2 of this case due to the disposition on default.

There is no agreement between the plaintiff and the defendants to prohibit the division of each real estate of this case, and as of the closing date of pleadings of this case, there is no agreement on the division method of each real estate of this case.

[Based on recognition] The remaining Defendants except Defendant F: the absence of dispute, entry of evidence Nos. 1-3, the purport of the whole pleadings, Defendant F: the entry of evidence Nos. 1-3, and the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as the co-ownership of each real estate of this case, the agreement on the method of partition of each real estate of this case was not established between the plaintiff and the defendants, so the plaintiff can claim partition of co-owned property of this case to the court pursuant to Article 269(1) of the Civil Act.

B. The method of partition of co-owned property is, in principle, divided in kind, but the co-owned property may be divided according to auction only when it is not possible to divide it in kind or the value thereof may be reduced remarkably by division.

(Article 269(2) of the Civil Act. The following circumstances, which can be known as the above facts, namely, (i) dispositions on default on Defendant F’s share in the real estate Nos. 1 and 2, have been made; (ii) such seizure continues to exist on the entire co-owned property according to the previous share ratio even after the co-owned property becomes co-owned, so it is impossible to divide the real estate Nos. 1 and 2 in kind in kind, and (ii) compensation for the value depreciation due to the above seizure is very complicated, and thus, it is difficult to divide the real estate into money in kind according to compensation for value.

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