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(영문) 서울중앙지방법원 2020.01.09 2019가단5183163
공유물분할
Text

1. It shall be put up for auction the area of 2476 square meters prior to G in Bocheon-si, and the remainder after deducting the auction cost from the price shall be attached.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Gap's evidence Nos. 1 and 2 (including each number), the plaintiff was entitled to share 147/1200 shares, the network H's 300/120 shares, the defendant C's 153/1200 shares, the defendant D, E, and F's 200/120 shares, respectively. However, the plaintiff was entitled to share 75/120 shares among the land of this case (=300/1200 x statutory inheritance ratio) and the defendants were entitled to share 20/120 shares, and the plaintiff was entitled to share 30/120 shares among the land of this case by the deceased on December 17, 2018.

2. Method of partition of co-owned property;

(a) In the case of dividing the article jointly owned by a trial, in principle, by dividing it in kind, or by dividing it in kind or by dividing it in kind, if the value thereof is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered, and the price may be paid in installments;

Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.

In addition, Supreme Court Decision 92Da3060 delivered on January 19, 1993 states that "if the value of the division is likely to be significantly reduced if it is made in kind, the value of the portion to be owned independently by the division in kind shall also be significantly reduced than the value of the share before the division, even if the co-owner is a person."

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