logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.12.15 2017가단6544
공유물분할
Text

1. The remaining money after deducting the expenses of auction from the proceeds of sale by selling each real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are co-owners of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). The Plaintiff and the Defendants’ co-ownership share are as listed in the separate sheet No. 2.

B. Meanwhile, the Plaintiff and the Defendants did not reach an agreement on the division of the instant real estate.

[Ground of recognition] The entry of Gap 1, 2, and 3 (including paper numbers) and the purport of the whole pleading

2. Determination

A. According to the above facts acknowledged, the plaintiff can file a claim against the defendants, co-owner, for the partition of the real estate of this case, which is co-owned property.

(b) The method of partition shall be, in principle, divided in kind, but the court may order the auction of goods if it is impossible to divide in kind or if the value thereof is likely to decrease remarkably in kind due to the division;

The phrase "cases where it is not possible to divide in kind" shall not be interpreted physically strictly, but include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use status, the use value after the division, etc. of the article jointly owned.

The real estate of this case is divided into two different shares for each real estate, buildings are included in real estate subject to division, and it is difficult to divide the real estate in kind.

However, in light of the fact that it is difficult to determine a reasonable method of division between the parties, it is reasonable to divide the real estate of this case into the auction and the auction cost, as it is difficult or inappropriate to divide the real estate of this case into the auction.

3. Conclusion, since the real estate of this case is reasonable to divide it by auction as above, it is so decided as per Disposition.

arrow