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(영문) 대전지방법원 2016.03.09 2015가단28873
공유물분할
Text

1. The remaining amount after deducting the expenses for the auction from the proceeds of the auction attached to the real estate stated in the attached list;

Reasons

1. In full view of the purport of the entire pleadings in the statement No. 1 as to the claim for partition of co-owned property, real estate listed in the separate sheet (hereinafter “instant land”) is jointly owned by the Plaintiff and the Defendants in proportion to their shares as prescribed in the Disposition No. 1, and it can be recognized that there was no agreement on partition between the Plaintiff and the Defendants, so the Plaintiff, a co-owner, may file a claim against the Defendants for partition of co-owned property of the instant land pursuant to Articles 268

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

(2) In light of the following circumstances, if the land of this case was divided in kind with the land of this case, the land of this case is deemed to be the most reasonable method to divide the price by auction, taking into account the following circumstances, namely, the fact that some of the divided land is not a building permit, and there is a high possibility that the land of this case may not be an economic value.

3. In conclusion, it is so decided as per Disposition by ordering the plaintiff and the defendants to distribute the remaining amount after deducting the auction cost from the price added to the land of this case for auction.

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