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수원지방법원 2018.10.23 2018가단502395
공유물분할
Text

1. The Plaintiff shall sell the answer 2,864m2 to the auction at Sungsung-si and the remainder which remains after deducting the auction cost from the price.

Reasons

1. The Plaintiff and the Defendant share the 2,864m2 (hereinafter “instant real estate”) in Sungsung-si in proportion to Plaintiff 2817/2864 and Defendant 47/2864.

As of the closing date of the instant case, the Plaintiff and the Defendant did not reach an agreement on the division method of the instant real estate.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. Co-owners may file a claim for partition of co-owned property (the main sentence of Article 268(1) of the Civil Act). If a consultation on the method of partition does not lead to an agreement on the method of partition, co-owners may file a claim for partition with the court. If it is impossible to divide the property in kind or the value of the property is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269 of the Civil Act). Accordingly, the Plaintiff and the designated parties, co-owners, can file a claim for partition against the Defendants, other co-owners, pursuant to the main sentence of Article 268(1) and Article 269 of the Civil Act

B. The partition of co-owned property based on the judgment of one legal principle as to the partition of co-owned property is in principle, it is impossible to divide it in kind or in kind, or it is possible in form

Even if the price of the article jointly owned is likely to be reduced remarkably due to it, the auction of the article jointly owned pursuant to Article 269(2) of the Civil Code shall be divided by the so-called price division. The price of the article substantially reduced due to the in-kind division shall be not only if the exchange value of the article jointly owned is significantly reduced due to the in-kind division but also if the co-owners fail to fairly divide the article, it shall be included if the value of the article to be owned independently due to the in-kind division would be significantly reduced than the share value of the co-owned property.