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Reasons
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(영문) 춘천지방법원영월지원 2016.01.20 2014가단10859
공유물분할
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1. The plaintiff and the plaintiff, who put a AB car 1489m2 to an auction and deducts the auction cost from the price.

Reasons

1. Facts of recognition;

A. With respect to the instant real estate, the registration of transfer of ownership in the name of the Plaintiff, net AC (Death on February 22, 2009), net AD (Death on September 5, 2008), Defendant B, C, D, E, F, G, H, I, K, K, M, M, N, P, P, Q, R, and T are completed.

B. As the network AE, who is the spouse of the network AC, died on May 8, 2015, Defendant U, V, W, and X, who is the child of the network AC, jointly succeeded to the shares of the network AC among the instant real estate.

C. Defendant Y, Z, and AA, each of the children of the network AD, jointly succeeded to the shares of the network AD of the instant real estate.

Co-owners of the real estate of this case and each relevant share shall be as specified in attached Table 1.

E. No agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant real estate until the closure of the pleadings of the instant case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, fact-finding inquiry and reply to the Taekk-in market, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, as co-owners of the instant real estate, did not reach an agreement on the method of division with the Defendants, who are other co-owners. Thus, the Plaintiff may claim against the Defendants the division of the instant real estate as the instant lawsuit.

B. Furthermore, with respect to the method of partition of each real estate of this case, the method of partition in kind is the principle of partition in kind, and if it is not possible to divide in kind in kind or if it is apprehended that the value will be reduced remarkably, the auction may be ordered to divide in kind. The case where the division in kind is not physically strict interpretation, but it includes the case where it is difficult or inappropriate to divide in kind in light of the nature, location or area of the common property, the situation of its use, the use value after the division, etc.

I would like to say.

Each entry of Gap evidence 5-1 to 7, Eul evidence 1 to 3, and arguments.

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