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(영문) 울산지방법원 2020.05.29 2018가단59429
공유물분할
Text

1. The remainder of the amount calculated by deducting the costs of auction from the proceeds of the auction by selling the answer 992m2 in Ulsan-gu AJ to auction.

Reasons

1. Facts of recognition;

A. On June 18, 1984, the plaintiffs, AK, and L completed the registration of ownership transfer with respect to the land size of 992 square meters in Ulsan-gu AJ (hereinafter "the instant real estate") 1/8 shares of each of the plaintiffs, AK, and BL.

B. On July 18, 2007, Defendant G received a successful bid for the said shares in the compulsory auction procedure with respect to AK shares in the instant real estate on July 18, 2007 and completed the registration of transfer on August 2, 2007.

C.L AL died on October 15, 1992, and the heir is as shown in the heir relations table (attached Form 1), and the heir's shares (attached Form 2) are as shown in the inheritance relations table. D.

The Plaintiffs and the Defendants did not reach an agreement on the division of the instant real estate, which was jointly owned by the closing date of the instant argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, the Plaintiffs, co-owners of the instant real estate, can file a claim against the Defendants, who are other co-owners, for the partition of the pertinent real estate, which is jointly owned.

B. In principle, partition of co-owned property based on a judgment on the method of partition of co-owned property shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner, or if it is impossible to divide in kind or in kind or if it is apprehended that the value might be reduced remarkably, an auction may be ordered to divide in kind. In this case, the requirement that “it may not be divided in kind” in the payment division 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 kind in light of the nature, location, area, use situation, use value after the partition.

I would like to say.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). As to the instant case, health room, ① co-owners of the instant real estate up to 32 persons, ② Defendants did not present any opinion regarding the method of dividing the said real estate.

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