(영문) 창원지방법원진주지원 2017.05.25 2016가단2341

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(영문) 창원지방법원진주지원 2017.05.25 2016가단2341

공유물분할

Text

1. The real estate listed in the attached Table 1 list is put to an auction and the proceeds of the auction are deducted from the proceeds of the auction;

Reasons

1. Facts of recognition;

A. The real estate listed in the attached Table 1’s list of real estate (hereinafter “instant real estate”) was jointly owned by H, network I, Defendant B, C, and D, respectively, as one-fifth (1/5) shares. On October 27, 2014, the Plaintiff acquired H shares by selling them through the procedure for compulsory auction at the Changwon District Court JJ branch.

B. On September 12, 2014, the network I inherited the property of Defendant E, F, and G I.

B. The Plaintiff proposed the Defendants to divide the instant real estate, but did not reach an agreement on the method of division.

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

2. Determination

A. The Plaintiff, a co-owner of the instant real estate, and the Defendants did not reach an agreement on the method of partition. Therefore, the Plaintiff has the right to claim partition of co-owned property as to the instant real estate against the Defendants based on his co-ownership.

B. As a matter of principle, the partition of co-owned property shall be made by the method of in-kind division as long as it is possible to make a reasonable partition according to the share of each co-owner. However, even if it is impossible or possible in-kind form, if the price is likely to decrease substantially, the method of in-kind division shall be made by ordering the auction of the co-owned property to divide the price. In payment division, the requirement does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the co-owned property in-kind in light of the nature, location, area, use, and use of the co-owned property, and the use value after the division. 2) In the instant real estate, the land category of the instant real estate has a large number of co-owners compared to the land size of 2858m2.9m2, and it is impossible to divide the land size of not more than 2,00m2 with the farmland that has undergone a land substitution under an agricultural-based rearrangement project.

The plaintiff and defendant D shall pay for the auction.

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