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(영문) 의정부지방법원 2014.12.23 2013가단46450
공유물분할
Text

1. The amount remaining after 2744m2 is put up for auction at the same time as Dongducheon-si and the auction cost is deducted from the price.

Reasons

1. The Plaintiffs and the Defendants respectively share the instant land in their respective 55.13/4086 shares, based on their respective 55.13/4086 shares; Defendant P, Defendant Q, Defendant R (Appointed Party); and Defendant S shares in their respective 4089 shares; and Defendant S shares in 4089 shares. There is no dispute between the parties.

2. Judgment on the claim for partition of co-owned property

A. According to the above facts acknowledged as above, the plaintiffs and the defendants shared the land of this case. Thus, the plaintiffs can file a partition claim against the defendants who are other co-owners pursuant to Articles 268 and 269 of the Civil Act.

B. As a matter of principle, division of co-owned property in kind is to be made in a manner that makes it possible to make a rational partition according to each co-owner's share. However, in light of the nature of the co-owned property, location or size of the co-owned property, the use value after the partition, etc., if it is difficult or inappropriate to divide the property in kind, the sale of the property may be ordered, and "it may not be divided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in kind in light of the nature, location, area, use status, and use value after the partition (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). In this case, the plaintiffs claim that the part of the land in this case connected each of the items 1, 23, 443, 1, and 1 are owned by the defendants in kind.

However, the following circumstances revealed in the statement No. 1, which can be seen by the purport of the entire pleadings, namely, ① the land of this case is in contact with (V) sides, and the price of the part adjacent to the road is expected to be much more than the price of the part that was not yet.

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