(영문) 전주지방법원 2015.12.18 2015가합334

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 전주지방법원 2015.12.18 2015가합334

공유물분할 등

Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Claim for partition of co-owned property

A. Facts of recognition 1) The Plaintiff (Appointed Party), the Appointed Party, and the Defendant are each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

A) The Plaintiff (Appointed Party) shares the share of the shares of the Plaintiff (Appointed Party) 12/24, the Appointed C 4/24, the Appointed D 3/24, and the Defendant 5/24. 2) The agreement on the method of dividing the instant real estate between the Plaintiff (Appointed Party) and the Defendant was not reached by the date of closing the argument in this case.

[Reasons for Recognition] Unsatisfy, Entry of Gap evidence 1 (including provisional number), the purport of whole pleadings

B. According to the above facts of recognition, since there is no agreement on the method of dividing each real estate of this case, which is jointly owned by the plaintiff (appointed party) and the defendant, the plaintiff (Appointed party) as co-owner of each real estate of this case, can file a co-ownership claim against the defendant as co-owner of each real estate of this case.

2. In principle, the partition of co-owned property by judgment on the method of partition of co-owned property shall be made in kind so that each co-owner can make a rational partition according to his/her share; however, the requirement that “it cannot be divided in kind” in the payment division is not physically strict interpretation, but physically strict. It includes cases where it is difficult or inappropriate to conduct the partition in kind in light of the nature, location, size, use situation of the co-owned property, use value after the

(2) In the case of a co-owner's in-kind, "if the value of the share is likely to decrease substantially if the share is divided in kind" includes the case where the value of the share to be owned by the sole owner is likely to decrease significantly more than the value of the share before the division.

(see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). According to the purport of each of the entries and arguments and evidence Nos. 1 and 2, each of the instant lands.

참조판례

-대법원 2002. 4. 12. 선고 2002다4580 판결

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