logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원영월지원 2019.12.18 2018가단11782
공유물분할
Text

1. Attached 1. Each real estate listed in the list and the real estate listed in Attached 2. List 2.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet No. 1. (hereinafter “each real estate of this case”) and each real estate listed in the separate sheet No. 2, listed in the separate sheet No. 1. (hereinafter “each real estate of this case”) are jointly owned by the Plaintiff and the Defendants according to their respective shares in co-ownership in the separate sheet No. 3.

B. There was no agreement between the Plaintiff and the Defendants as to the partition of co-owned property as provided in subparagraphs 1 and 2 of this case.

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

2. Judgment as to the claim for partition of co-owned property as to each of the instant 1 real estate

A. According to the above facts of recognition, the Plaintiff, a co-owner of each of the first real estate of this case, may request the Defendants, who are other co-owners, to divide the above real estate.

Furthermore, as to the method of partition of co-owned property in this case, comprehensively taking account of all the circumstances revealed in the pleadings of this case, such as the location, size, shape, use value of each real estate in this case, and intention of the parties (the plaintiff and the defendants want to divide all the above real estate by auction, and no awareness about the division in kind is presented). Thus, it is the most equitable and reasonable to divide the proceeds through auction, since it is difficult or inappropriate to divide the co-owned property in kind with regard to each real estate in this case.

B. Therefore, each of the instant 1 real estate is to be put up for auction and the price is to be divided in accordance with the ratio of each co-ownership share of the Plaintiff and the Defendants (each share indicated in the column of co-ownership in attached Form 3).

3. Judgment as to the claim for partition of co-owned property as to each of the 2 real estate in this case

A. The plaintiff and the defendant B, C, D, G, J, K, L, M, and N are also seeking a payment by auction. The plaintiff and the second real estate of this case are also seeking a payment by auction.

The defendant E, F, and H are entitled to full compensation for each of the two real estates in this case.

arrow