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(영문) 수원지방법원여주지원 2020.10.21 2020가단53106
공유물분할
Text

Attached Form

(a) the remainder after deducting the auction cost from the proceeds that each real estate listed in the list was put to an auction.

Reasons

1. Determination on the cause of the claim

A. The real estate listed in attached list 1) is jointly owned by the plaintiffs 659/3953, 270/3953, 388/3953, and 388/3953, respectively. The real estate listed in attached list 2 is jointly owned by the plaintiffs A, B, and D, 354/2089, 35/2089, 355/2089, 232/2089, 270/2089, 270/2089, 170/2089, and 170/2089. The real estate listed in attached list 3 is jointly owned by the plaintiffs, 205/1210, 121/1210, 64/1210, and 64/1210, respectively).

[Ground of recognition] Facts without dispute, entries and videos of Gap 1 and 2 (including virtual numbers) and the purport of the whole pleadings

B. According to the facts acknowledged as above, the Plaintiffs, co-owners of each of the above real estate, may claim the partition of co-owned property against the Defendants, who are other co-owners, pursuant to the main text of Article 268(1) and Article 269(1) of the Civil Act.

(c) If the co-owned property is divided by a judgment on the method of partition of co-owned property, in principle, by dividing it in kind, or in kind, or if it is impossible to divide it in kind or if the value thereof is apprehended to decrease remarkably, an auction of the co-owned property may be ordered to be paid in kind;

Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.

In addition, the "if the value of the division is likely to be significantly reduced if it is made in kind", even if the co-owner's person is a co-owner, the value of the portion to be owned by him/her is likely to be significantly reduced than the value of the shares before the division.

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