logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2021.01.06 2020가단105114
공유물분할
Text

1. The sale price shall be the remainder which remains after deducting the auction cost from the sale price from the sale price by selling 215 square meters in G, Gyeong-gun, Gyeongnam-gun.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the statement in Evidence Nos. 1 and 2, the Plaintiff and the Defendants, as co-owners of 2/13 square meters Glym215 square meters (hereinafter “instant land”), can be acknowledged that the Plaintiff holds 2/13 shares of the instant land; Defendant B holds 3/13 shares of the instant land; Defendant E, C, D, and F holds 2/13 shares of each of the instant land; and the fact that agreement was not reached between the Plaintiff and the Defendants on the method of dividing the instant land is significant in this court.

Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff is entitled to file a claim against the Defendants, who are other co-owners of the instant land, for the partition of the instant land.

2. Method of partition of the article jointly owned;

A. In principle, division of co-owned property according to related legal principles is made in kind as long as it is possible to make a reasonable division according to each co-owner's share (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). However, if it is impossible to divide the jointly-owned property in kind or it is anticipated that the value thereof would be significantly reduced if it is not divided in kind, the auction of the jointly-owned property may be ordered (see, e.g., Article 269(2) of the Civil Act). Here, the requirement of "undivided in kind" includes not only cases where it is physically impossible to divide the jointly-owned property, but also cases where it is difficult or inappropriate to divide the jointly-owned property in kind in light of the nature, location, use status, and use value after division (see, e.g., Supreme Court Decision 2013Da56297, Dec. 10, 2015).

On the other hand, Article 56 of the National Land Planning Act.

arrow