(영문) 광주지방법원장흥지원 2016.02.17 2015가단3731

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Reasons

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줄 간격

자간(%)

(영문) 광주지방법원장흥지원 2016.02.17 2015가단3731

공유물분할

Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale by selling the 1896m3m2 to the public auction in Gangnam-gun, Gangnam-gun.

Reasons

1. Basic facts

A. The 1/3 and Defendant 2/3 shares were originally owned by Da 1/3 and Defendant 2/3. However, when the public sale procedure was conducted with respect to D’s 1/3 shares, the Plaintiff was awarded a bid for the said D’s 1/3 shares and completed the registration of ownership transfer on June 26, 2015.

B. There was no agreement prohibiting division between the Plaintiff and the Defendant, and there was no agreement between the Plaintiff and the Defendant on the division of the instant real estate until the date of closing the argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts acknowledged as above, the plaintiff and the defendant shared the real estate of this case, and since the plaintiff and the defendant did not reach an agreement on the division method of the real estate of this case by the closing date of arguments, the plaintiff can file a claim against the defendant for division of the real estate of this case based on their co-ownership

3. Method of partition of co-owned property;

A. As to the instant real estate, the Plaintiff seeks the division of the instant real estate by means of payment payment due to the difficulties in dividing the instant real estate in kind.

B. Determination 1) If the co-owned property cannot be divided in kind or if the value of the co-owned property might be reduced remarkably due to the division, the court may order an auction of the property (Article 269(2) of the Civil Act) (Article 269(2) of the Civil Act provides that the co-owned property shall not be divided in kind as long as the share of each co-owner can be reasonably divided, but the requirement that "in the payment of the co-owned property, it shall not be divided in kind" is not physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use status, and the use value after

It is called ‘if the value might be reduced remarkably' if it is divided in kind.

참조조문

-민법 제269조 제2항

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