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(영문) 대구지방법원김천지원 2019.08.13 2019가단1219
공유물분할
Text

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

Reasons

1. According to the purport of Gap evidence No. 1 and the whole pleadings, real estate listed in the separate sheet (hereinafter "the apartment of this case") is jointly owned by the plaintiff and the defendant, respectively, and the fact that the plaintiff and the defendant did not reach an agreement on the method of partition of the apartment of this case between the plaintiff and the defendant by the date of closing argument of this case can be acknowledged. Thus, the plaintiff, the co-owner of the apartment of this case, as the co-owner of the apartment of this case, may file a claim for partition of the apartment of this case with the defendant

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, in principle, insofar as it is possible to make a rational partition according to the shares of each co-owner. However, even if it is impossible in kind or if the price might be reduced remarkably as a result, the auction of the co-owned property shall be ordered, and if it is possible in form, the price shall not be divided in kind, but it shall not be physically strict interpretation, and it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, use value, etc. of the co-owned property in light of the nature, location, and use value after the

I would like to say.

(1) In light of the above legal principles, the apartment of this case is difficult or inappropriate to divide it in kind in light of the following circumstances, i.e., the Plaintiff or the Defendant’s fact that it is difficult for the Plaintiff or the Defendant to negotiate by means of purchasing the apartment of this case, and the apartment of this case cannot be divided in kind in light of its nature or the use value after division, etc.

Therefore, the apartment of this case is put up for auction and from the proceeds of sale.

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