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(영문) 부산지방법원 2016.06.23 2015가단44539
공유물분할
Text

1. The amount of money remaining after deducting the auction cost from the proceeds of the auction by selling the Fran-gu Busan, Busan, to the auction.

Reasons

1. Facts of recognition;

A. Of the instant land, (1) 100/198 shares were owned by G, and each transfer registration was made to H/I on November 10, 2004 due to sale and purchase, and to the Plaintiffs on May 26, 2015.

(2) 50/198 shares were owned by J and K, and each transfer of ownership was made to Defendant C on March 28, 1989 due to sale and purchase to Defendant C, and to Defendant Intervenor on May 16, 2016.

(3) The share of 48/198 was L owned by Defendant D on October 28, 1999, and each transfer of ownership was made to Defendant succeeding Intervenor on the ground of sale on May 2, 2016.

B. The Plaintiffs acquired some shares of the instant land and did not reach an agreement on the division of the jointly owned property with the Defendants, and filed the instant lawsuit against the Defendants seeking the division of the jointly owned property. The Defendants did not reach an agreement on the method of division of the jointly owned property until the date of closing argument in the instant case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. In principle, the partition of co-owned property by judgment shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner. However, if the partition in kind cannot be made in kind, an auction may be ordered, and in the payment division, the requirement that “it cannot be divided in kind” is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, situation of use, and use value after the partition, etc. of the co-owner’s share.

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002, etc.). In light of the above legal principles, the land of this case is original as a whole taking into account the following circumstances, comprehensively taking into account: (a) health care room; (b) evidence Nos. 2 and 3; (c) evidence Nos. 1, 2, 4, and 5 through 13; and (c) on-site verification results by the appraiser M’s appraisal results; and (d) the entire purport of the pleading.

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