logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.03.30 2016가단22643
공유물분할
Text

1. The amount remaining after deducting the expenses for the auction from the proceeds of the auction attached to each real estate listed in the separate sheet;

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, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) shall be jointly owned by the Plaintiff at the respective shares of 7/112, Defendant B, C, and D, respectively, and Defendant E 21/112. Since it can be recognized that there was no agreement on partition between the Plaintiff and the Defendants regarding the instant real estate until now, the Plaintiff, a co-owner, may claim a partition of co-owned property against the Defendants pursuant to Articles 268 and 269 of the Civil Act.

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 light of the nature, location, area, use situation, use value after the division, etc. of the co-owner’s

In light of the following circumstances, namely, that part of the instant real estate is a single-story house, it is deemed the most reasonable method to divide the price of the instant real estate through an auction, taking into account the following circumstances: (a) the Health Center and the Nos. 1 and 2, which can be seen by comprehensively considering the overall purport of the pleadings, return to the instant case and the No. 202Da4580, Apr. 12, 2002.

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 proceeds added to the auction of the real estate of this case to each share of shares.

arrow