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(영문) 청주지방법원 2016.06.08 2015가단21134
공유물분할
Text

1. The plaintiff shall sell the real estate recorded in the attached list to an auction and deduct the auction cost from the price.

Reasons

The real estate recorded in the attached list (hereinafter “the apartment of this case”) is jointly owned by the Plaintiff and the Defendants according to their respective shares of 1/5, and the fact that the agreement on the division method of the apartment of this case has not been reached between the Plaintiff and the Defendants by the closing date of the argument of this case is not in dispute between the parties, or can be acknowledged by the purport of the entire statement and the argument of the evidence Nos.

According to the above facts of recognition, the plaintiff can seek a partition of co-owned property as to the apartment of this case against the defendants.

As to the method of partition, the partition of co-owned property by a trial shall be made in kind, and if it is not possible to divide in kind or in kind, or if the value of the partition in kind is likely to decrease substantially, an auction may be ordered, and the case where it is impossible to divide in kind shall include the case where it is difficult or inappropriate to divide in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the co-owned property in light of the nature, location, and use value after the division.

It is reasonable to divide the apartment of this case, which is subject to the division, in light of its nature, method of use, etc., into the case where it is difficult or very inappropriate to divide the apartment of this case into the kind in kind because it is anticipated that the use value would be reduced. Thus, it is appropriate to divide the remaining amount after deducting the auction cost from the proceeds of the auction to the plaintiff litigant and the defendants according to their respective shares.

I would like to say.

It is so decided as per Disposition for the above reasons.

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