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(영문) 부산지방법원 2020.01.15 2018가단338815
공유물분할
Text

1. The land listed in the attached Table 1 and the land listed in the attached Table 2 shall be put to an auction and auction costs shall be incurred from the auction proceeds.

Reasons

According to the facts acknowledged by the parties without dispute, Gap 1-8 evidence (including additional numbers), and the purport of the entire pleadings, it is recognized that the consultation on the method of dividing each real estate listed in the Disposition No. 1 (hereinafter “each real estate of this case”) between the plaintiff and the defendants, co-owner, by the date of closing argument of this case, has not been concluded.

Judgment

A. According to the above facts, the Plaintiff may claim the division of each real estate of this case.

B. Furthermore, as to the method of partition, when the partition of co-owned property is unable to be divided in kind or in kind, or when the value thereof is likely to be reduced remarkably if the partition is made in kind, the court may order the auction of the co-owned property to pay in kind (Article 269(2) of the Civil Act). The case where it is impossible to divide in kind includes the case where it is difficult or inappropriate to divide in kind in light of the nature, location, area, utilization situation of the co-owned property, use value after the partition, etc.

I would like to say.

C. Upon examining the following circumstances: (a) the Plaintiff sought an auction division on each of the instant real estate; (b) the Defendants are not explicitly disputing the agreement; (c) both sides have failed to reach an agreement on the appropriate method of partition, but failed to reach an agreement on the appropriate method of partition; and (d) the number of each of the instant real estate appears to be a large number, location, area, use status, and use value after the partition, and thus, it is difficult or inappropriate to divide the instant real estate in kind. In light of the aforementioned circumstances, it is inappropriate to use each of the instant real estate by means of auction and distribute the remaining money after deducting the auction cost from the proceeds thereof to the Plaintiff and the Defendants

In conclusion, the real estate of this case shall be put to an auction and the proceeds shall be distributed in the same manner as the order 1 is written.

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