logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.10.31 2017가단17483
공유물분할
Text

1. The real estate listed in the annex 1 list shall be put to an auction and the remainder after deducting the costs of the auction from the proceeds of sale shall be attached.

Reasons

1. In full view of the purport of evidence No. 1-1 to No. 3 of the co-owned property partition claim, the plaintiff and the Defendants shared the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) at the corresponding share ratio listed in the separate sheet No. 2, and it can be acknowledged that there has been no agreement on partition of the instant real estate between them up to now. Thus, the plaintiff, co-owner, may file a co-owned property partition claim against the defendants pursuant to Articles 268 and 269 of the Civil Act.

2. Co-owned property partition by judgment on the method of partition may be divided in kind, in principle, or in kind, as long as it is possible to make a rational partition according to the shares of each co-owner, or if it is impossible to divide in kind or in kind, or if the value thereof is likely to be significantly reduced if it is difficult to do so. In the payment division, the requirement that “it is not possible to divide in kind” is not physically strict interpretation, but physically strict interpretation is not to include cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use situation, use value after the division, etc. of the co-owner’s share.

(2) In order to divide the real estate of this case in kind, it is necessary to divide the real estate of this case into the real estate of this case with the material that can estimate the location and economic value of the real estate of this case, such as the shape thereof and the surrounding land and road conditions, and to divide the real estate of this case into the real estate of this case into the real estate of this case, and to divide the real estate of this case into the real estate of this case into the real estate of this case, it is necessary to divide the real estate of this case into the real estate of this case into the real estate of this case, and to divide the real estate of this case into the real estate of this case of this case into the real estate of this case of this case of this case of this case of this case, the real estate of this case,

arrow