(영문) 의정부지방법원 2016.09.01 2015가단123979

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Reasons

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자간(%)

(영문) 의정부지방법원 2016.09.01 2015가단123979

공유물분할

Text

1. Before Gyeonggi-do;

Reasons

1. In full view of the purport of Gap evidence No. 1, Gap evidence No. 2, and Gap evidence No. 13 and the whole arguments, the plaintiff and the defendants shared 1/3 shares of each of the 473 meters of the Gyeonggi-siD (hereinafter referred to as the "land in this case") with respect to the share ratio of 1/3 (hereinafter referred to as the "share ratio"), and the fact that consultation on the method of dividing the land in this case between the plaintiff and the defendants has not been reached until the closing date of the argument in this case.

According to the above facts of recognition, the Plaintiff, a co-owner of the land of this case, may request the Defendants, another co-owner, to divide the land in accordance with Article 269(1) of the Civil Act.

2. Method of partition of co-owned property;

A. In principle, partition of co-owned property according to the relevant legal principles shall be made by the method of in-kind division as long as a reasonable partition can be made according to each co-owner's share. However, even if it is impossible in kind or if the price might be reduced remarkably as a result, the auction of the co-owned property shall be ordered, and if the price might be reduced remarkably, the sale of the co-owned property shall not be divided in kind, but the requirement of "in-kind division" shall not be 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, area, use status, and use value after the division.

In addition, the phrase "if the value of the portion is to be reduced remarkably if it is divided in kind" also includes a co-owner's cases where the value of the portion to be owned by the sole owner is likely to be reduced significantly than the value of the share before the division.

Therefore, it is possible to divide in kind formally.

Even the location, area and surrounding road conditions, use value, price, and co-owners of the article jointly owned.

참조조문

-민법 제269조 제1항

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