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(영문) 창원지방법원밀양지원 2015.05.13 2014가단514
공유물분할
Text

1.(a)

The remainder of the amount calculated by deducting the auction costs from the proceeds by selling it to auction 69m2 in Gyeongnam-gun, Gyeongnam-gun.

Reasons

The Plaintiff, Defendants, and partial underwriters share the real estate indicated in the separate sheet, and the fact that there was no agreement between the Plaintiff, Defendants, and partial intervenors on the method of partition of the real estate indicated in the separate sheet does not conflict between the parties. Therefore, the Plaintiff, co-owner of the real estate indicated in the separate sheet, may file a claim against the Defendants, partial intervenors, for the division of the real estate

In the case of dividing an article jointly owned by a trial, if it is impossible to divide it in kind or if the value of the article is likely to be significantly reduced, the auction of the article may be ordered, and the requirement that it is impossible to divide it in kind is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, situation of use, value of use after the division, etc. of the article jointly owned.

The phrase "where the value may be reduced remarkably if the division is made in kind" includes cases where, even if a co-owner is a person, the value of the portion to be owned by him/her is likely to be significantly reduced compared to the value of the share before the division, even if he/she is a person.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). In full view of the following circumstances that are acknowledged by comprehensively taking account of the overall purport of arguments in the Health Center and the statement in the evidence Nos. 1 through 6 as to the instant case, the Defendants and partial underwriters do not raise any objection to the Plaintiff’s claim for the auction division, and the area of the real estate indicated in the separate sheet is narrow, and thus it is difficult to use it when it is divided in kind, real estate listed in the separate sheet constitutes a case where it is difficult or inappropriate to divide in kind

Therefore, after selling the real estate listed in the separate sheet to an auction, the plaintiff, the defendants.

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