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(영문) 춘천지방법원강릉지원 2019.12.11 2019가단34066
공유물분할
Text

1. It shall be put up for an auction a 585m2 in Gangnam-si, Gangnam-si, and the remainder after deducting the auction cost from the price shall be attached thereto.

Reasons

1. In full view of the purport of the entire pleadings in the entry into evidence No. 1, the Plaintiff and the Defendants owned the co-owned share indicated in the “share sheet by owner” in the attached Table, and the fact that there was no agreement between the Plaintiff and the Defendants as to the partition of co-owned property as to each of the instant real estate.

According to the above facts of recognition, the Plaintiff may request the Defendants to divide the instant land pursuant to Article 269(1) of the Civil Act.

2. In a lawsuit for partition of co-owned property, the court shall issue an order for partition in a reasonable manner, taking into account the co-ownership relation or the overall situation of the property which is the object thereof, and in principle, the partition of co-owned property by judgment shall be made in kind. However, even if it is impossible in kind or it is possible in form, if the price might be reduced remarkably, the auction of the co-owned property shall be ordered, the price shall be divided, and in this case, the price shall be reduced remarkably due to the spot partition." "The exchange value of the co-owned property shall be remarkably reduced remarkably due to the spot partition, as well as the co-owners, even if there are co-owners, the part to be owned independently by the spot division shall be considerably reduced compared to the share value of the co-owned property prior to the spot partition (see, e.g., Supreme Court Decision 9Da6746, Jun. 11, 199). In light of the above legal principles, evidence and evidence as seen above, and the position and purport of the entire land as mentioned below.

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