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(영문) 창원지방법원 2018.11.01 2018가단106770
공유물분할
Text

1. It shall be put up for auction a cement machine and a 29.10 square meters of retic roof housing, which is a 85 square meters wide and above-mentioned disorder in Changwon-si, Changwon-si.

Reasons

1. The Plaintiff and the Defendants shared the instant real estate at the ratio of 1/4 shares, respectively, by reticulator and 29.10 square meters of a boom-gu, Seocho-gu, Changwon-si and the foregoing obstacles (hereinafter “instant real estate”).

【Facts without dispute over the grounds for recognition, entry of Gap's evidence 1 through 4, purport of the whole pleadings

2. Co-owners who have created the right to claim partition of co-owned property may claim a partition of the co-owned property (main sentence of Article 268 (1) of the Civil Act), and if the consultation as to the method of partition of the co-owned property has not been reached, co-owners may request a court for partition, and if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such partition, the court may order

(Article 269 of the Civil Act) Pursuant to Article 269 of the Civil Act, the Plaintiff, a co-owner, may request the Defendants, other co-owners, to divide

3. Co-owned property partition method 1) In principle, partition of co-owned property based on the relevant legal doctrine shall be made in kind as far as a reasonable partition can be made according to each co-owner's share. However, even if it is impossible or possible in kind, if the price might be reduced remarkably, the so-called price division shall be made by ordering the auction of the co-owned property and by dividing the price. In payment division, the requirement that "it cannot be divided in kind" is not physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, commercial value after the division, etc. of the co-owned property in question (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 2002Da4580, Apr. 12, 2002).

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