logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.06.16 2017가합70475
공유물분할
Text

1. The real estate listed in paragraph 1 of the attached list of real estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Based on Defendant B: A, C, D, E, F, G, H, I, and J in bankruptcy of one asset trust, one of the obligors of bankruptcy debtor D, each of which is a confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) by service by public notice (Article 208(3)3 of the Civil Procedure Act)

3. In a lawsuit for partition of co-owned property, the court shall issue an order for partition according to the share ratio in a reasonable manner by comprehensively taking into account the co-ownership relation or all the circumstances of the property which is the object thereof, and in principle, the share ratio refers to the share ratio of the value according to the share ratio. In a case where the shape, location, situation of use or economic value of the object to be partitioned is not equal, the court shall order partition in principle, by adjusting the economic value

In addition, the method of partition of co-owned property by judgment is a principle to divide it in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, but if it is impossible to divide it in kind or if the value of it is likely to substantially decrease if it is difficult to do so, an auction may be ordered to divide it in kind. In the payment division, the requirement that "it is impossible to divide it in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use status, and use value after the division.

(See Supreme Court Decision 92Da30603 delivered on January 19, 1993, Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). Comprehensively taking account of the records in the evidence evidence Nos. 4 (including land numbers; hereinafter the same shall apply) and evidence Nos. 6, all of the land listed in the annexed real estate list were land subject to land substitution included in the K urban development zone, where the land in the annexed real estate list was divided in kind as land subject to land substitution included in the K urban development zone.

arrow