(영문) 대전지방법원천안지원 2016.02.04 2015가단106055

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원천안지원 2016.02.04 2015가단106055

공유물분할

Text

1. The remainder of the money which is 1762m2 m2 in Asia-si shall be put to an auction and the auction cost shall be deducted from the proceeds of the sale.

Reasons

1. Facts of recognition;

A. The real estate indicated in the text (hereinafter “instant real estate”) owns 300/371/37, 200/3731 of the Plaintiff, 3731/37, 350/37 of the Defendant D, 560/37 of the Defendant E, 721/37, 70/3731 of the Defendant G, 70/3731, and 70/3731 of the Plaintiff’s share.

B. The Plaintiff and the Defendants did not agree on the method of dividing the instant real estate.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. Co-owners of the real property in the right to partition of co-owned property may claim against other co-owners at any time (Article 268(1) of the Civil Act). As seen earlier, the agreement on the method of partition of the real property in the instant case, which is jointly owned by the Plaintiff and the Defendants, has not been reached. Thus, barring any special circumstance, the Plaintiff, a co-owner of the instant real property, may claim a partition of the instant

B. Division 1) Division of an article jointly owned may be selected at will if the agreement is reached between co-owners. However, in the event that the article jointly owned is divided by a trial due to a failure to reach agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if the value of the article is considerably reduced if it is difficult to divide it in kind, the court may issue an order to sell the article by auction (see Supreme Court Decision 2014Da233428, Mar. 26, 2015). Here, the requirement that “the division cannot be made in kind” is not physically strict, but is not physically strict, and it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location and size of the article jointly owned, the situation of its use, the use value after the division, etc.

If the division is made in kind, if the value might be reduced remarkably, the value will be reduced.

참조조문

-민법 제268조 제1항

유사 판례

-서울동부지방법원 2016.01.22 2014가합110103

-서울북부지방법원 2016.01.29 2015가단19671

-제주지방법원 2018.02.02 2016가단4036

-대구지방법원영덕지원 2017.04.04 2016가단1415

-수원지방법원 2017.12.14 2017가단18008