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(영문) 대전지방법원논산지원 2020.05.28 2020가단561
공유물분할
Text

1. The remainder of 1761.8§³ D, Chungcheongnam-do, Chungcheongnam-do, by selling it to an auction and deducting the auction cost from the proceeds of the sale.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared 1/3 shares of each of the 1/3 shares of D 1761 square meters (hereinafter “instant real estate”) in Chungcheongnam-do, Chungcheongnam-do.

B. There was no agreement between the Plaintiff and the Defendants on the division of the instant real estate.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination

A. According to the above acknowledged facts, the Plaintiff may claim the division of the instant real estate against the Defendants, who are other co-owners, barring special circumstances.

(b) In principle, if the co-owned property is divided by the judgment on the method of partition of co-owned property, it shall be divided in kind. However, if it is impossible to divide it in kind or it is possible to divide it in kind in kind, the value thereof may be reduced remarkably, by ordering an auction of the property.

According to the inquiry, reply, results, and the purport of the argument with respect to the authority granting the instant court, the Defendants want to divide the instant real estate in kind, but the instant real estate is not 200 square meters or less, and one of the parties does not actively indicate that it is impossible to divide the instant real estate in kind, and that one of the other co-owners wishes to purchase the shares of the other co-owners. According to the fact that the Plaintiff wishes to divide the instant real estate by auction, it is appropriate to divide the instant real estate in kind at the ratio of shares.

3. In conclusion, the real estate of this case shall be divided as stated in the Disposition No. 1, and the cost of the lawsuit shall be borne by each party.

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