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(영문) 춘천지방법원 강릉지원 2018.12.19 2017가단2577
공유물분할
Text

1. The Gangnam-si J ditch 220 square meters shall be put to an auction for the money remaining after deducting the auction costs from the proceeds.

Reasons

1. In full view of the facts that there is no dispute between the parties to the right to claim a partition of co-owned property, the Plaintiff and the Defendants may recognize the fact that each co-owned share listed in the separate sheet was owned of 220 square meters (hereinafter “instant land”); and that there was no agreement between the Plaintiff and the Defendants on the partition of co-owned property as to the instant land.

According to the above facts of recognition, the Plaintiff may request the Defendants to divide the instant land pursuant to Article 269(1) of the Civil Act.

2. In a lawsuit for partition of co-owned property, the court shall issue an order for partition according to share ratio in a reasonable manner, comprehensively taking into account the co-ownership relation or the overall situation of the property which is the object thereof. In principle, the partition of co-owned property by judgment shall be made in kind. However, even if it is impossible in kind or it is possible in form, if the price might be reduced remarkably, the auction of the co-owned property shall be ordered, the price shall be divided, and the price shall be reduced remarkably due to the spot partition. Here, the "the price of the co-owned property shall be reduced remarkably due to the spot partition" includes not only the case where the exchange value of the co-owned property is significantly reduced due to the spot partition, but also the case where the value of the property to be owned independently by the spot partition becomes considerably reduced compared to the share value of the co-owner before the partition of co-owned property (see, e.g., Supreme Court Decision 9Da6746, Jun. 11, 199).

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