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(영문) 제주지방법원 2020.02.03 2019가단66516
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

Each real estate stated in the order is owned by the plaintiff 5/27 shares, and the defendant 22/27 shares, and currently there is no agreement between the plaintiff and the defendant on the method of division.

(C) The Plaintiff, a co-owner, may file a claim with the court for the division of each real estate in question.

(Article 269(1) of the Civil Act. Furthermore, with regard to the method of partition, the court may order an auction to divide the article jointly owned in kind, or if it is impossible or if it is likely that the value will decrease significantly at the time of the division in kind (Article 269(2) of the Civil Act). The case where it is impossible to divide the article in kind includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization situation of the article in question, and use value after the division. In this case, the real property is not land but land, and it is difficult to divide the article in kind, and it is difficult to divide the article in the attached list 1. The real property is owned by a mortgage, and the defendant is owned by a sole owner of each real property, and one household among each real property is owned by the defendant, and it is likely that consultation on the specific procedure will be made smoothly, but the defendant's proposal that there is no possibility to prove the value of each real property in the attached list 1.

If so, it is difficult to divide each real estate in kind or by the method of compensating for the value of shares.

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