(영문) 서울중앙지방법원 2016.06.03 2014가합590065

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.06.03 2014가합590065

공유물분할

Text

1. The remaining amount of the real estate listed in the annex 1 list after it is put to an auction and the auction cost is deducted;

Reasons

1. Basic facts

A. The Plaintiffs and the Defendants share the land listed in the separate sheet No. 1 (hereinafter “instant land”) in the respective equity ratios listed in the separate sheet No. 2 list (hereinafter “each equity ratio”).

B. Until the closing date of the instant argument, the agreement between the Plaintiffs and the Defendants on the method of dividing the instant land was not reached.

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

2. Determination

A. According to the facts acknowledged above, the Plaintiffs, co-owners of the instant land, may file a claim for partition of the instant land against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.

B. The partition of co-owned property in accordance with the legal principles regarding the method of partition 1 shall be, in principle, by the method of spot partition as long as it is possible to make a rational partition according to the share of each co-owner. However, even if it is impossible or possible in kind, if the price is likely to decrease substantially due to the auction of the co-owned property, the so-called price partition shall be made by ordering the auction of the co-owned property to divide the price. However, in the price partition, it shall not be physically strict interpretation, and it shall include cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use status, and use value after the partition.

In addition, the phrase "if the value of the portion is to be reduced remarkably if it is divided in kind" also includes a co-owner's cases where the value of the portion to be owned by the sole owner is likely to be reduced significantly than the value of the share before the division.

Therefore, it is possible to divide in kind formally.

Even the location, area, and surrounding road condition, use value of the article jointly owned.

참조조문

-민법 제269조 제1항

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