(영문) 광주지방법원목포지원 2020.06.10 2019가단1778

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자간(%)

(영문) 광주지방법원목포지원 2020.06.10 2019가단1778

공유물분할

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1. The plaintiff shall attach the real estate stated in the separate sheet to the auction and deduct the auction cost from the proceeds of the auction.

Reasons

1. The real estate indicated in the separate sheet of claim for partition of co-owned property (hereinafter “instant real estate”) shares 5/15 shares, Appointeds D, E, F, G, and Defendant (Appointeds) 1/15 shares, respectively. The facts that the Plaintiff and the Defendants did not reach an agreement as to the method of partition of the instant real estate can be acknowledged in each of the entries in evidence Nos. 1 through No. 4.

According to the above facts of recognition, the plaintiff, co-owner of the real estate of this case, can claim the division of the real estate of this case based on co-ownership.

2. Method of partition of co-owned property;

A. As a matter of principle, partition of co-owned property by judgment is to be made in kind as long as a reasonable partition can be made according to the co-owner's share. If it is impossible to divide in kind or if it is possible to divide in kind in kind, the auction of the goods can be ordered, and the price can be reduced remarkably. The above requirement does not physically strictly interpret it, but includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, size, use situation, use value after the division, etc. of the co-owned property.

B. (See, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).

In full view of the following circumstances, which are acknowledged as a result of appraisal by the market price of the evidence and appraiser H as seen earlier, the real estate of this case is likely to be divided in kind or divided in kind, and the value thereof would be significantly reduced. Therefore, it is fair and reasonable to distribute the remaining amount after deducting the auction cost from the proceeds thereof to the auction sale of the real estate of this case to the proportion of co-owners of the real estate of this case.

(1) Location, size, use status, value of use after division, status, use of the instant real estate; and

참조판례

-대법원 2002. 4. 12. 선고 2002다4580 판결

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