(영문) 대구지방법원 2016.01.22 2015가단26020

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자간(%)

(영문) 대구지방법원 2016.01.22 2015가단26020

공유물분할

Text

1. The amount of the real estate listed in the annex 1, which is referred to an auction and remains after deducting the costs of auction from the proceeds thereof.

Reasons

1. According to the overall purport of evidence Nos. 1 and 3 as to the claim for partition of co-owned property, the Plaintiff and the Defendants shared shares as shown in the separate sheet No. 2, as to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). By the date of closing argument of this case, consultation on the method of dividing the instant real estate between the Plaintiff and the Defendants did not lead to an agreement.

Therefore, the Plaintiff, a co-owner of the instant real estate, can seek a partition of co-owned property against the Defendants, who are the remaining co-owners pursuant to Articles 268 and 269 of the

2. The partition of co-owned property, based on the decision on the method of partition of co-owned property, shall be made by the method of in-kind partition, or, even if it is impossible in-kind, if the price might be reduced remarkably due to the auction of the co-owned property, by the method of so-called price partition.

Here, "The price is significantly reduced due to the in-kind division" refers to not only the case where the exchange value of the whole co-owned property is significantly reduced due to the in-kind division but also the case where the value of the part to be owned independently due to the in-kind division is significantly reduced compared to the share value in the co-owners before the partition of co-owned property.

Therefore, even if it is possible to divide property in kind formally, if it is not possible to divide property in kind according to the share ratio of each co-owner in kind, it is not necessary to divide the property in kind, but to divide the property jointly owned by the method of payment in kind in consideration of the location, area and surrounding road conditions, use value, price, share ratio of co-owner's ownership and use and profit-making status, etc.

Supreme Court Decision 2002Da4580 Delivered on April 12, 2002

참조조문

-민법 제268조

-민법 제269조

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