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(영문) 울산지방법원 2020.11.27 2020가단111122
공유물분할
Text

The amount of each real estate listed in the attached list shall be put to an auction and the auction expenses shall be deducted from the price.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1 as to the claim for partition of co-owned property, each real estate listed in the separate sheet No. 1 list is jointly owned by the plaintiffs and the defendants at the corresponding share ratio as stated in the separate sheet No. 2. The plaintiffs and the defendants did not reach an agreement on the method of partition of each of the above real estate until the conclusion of the pleadings of this case. Thus, the plaintiffs, co-owners of each of the above real

2. The partition of co-owned property, based on the decision on the method of partition of co-owned property, shall be made by the method of in-kind partition, in principle, insofar as it is possible to make a rational partition according to the shares of each co-owner. However, even if it is impossible in kind or if the price might be reduced remarkably as a result, the auction of the co-owned property shall be ordered, and if it is possible in form, the price shall not be divided in kind, but it shall not be physically strict interpretation, and it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, use value, etc. of the co-owned property in light of the nature, location, and use value after the

I would like to say.

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002). In addition to the statement of evidence No. 2 in this case, each of the above real estate constitutes farmland under the Farmland Act, and there is a large number of co-owners as 15, and the area of each of the above real estate is unlikely to reach the minimum size of partition restriction pursuant to the relevant laws and regulations when divided in kind according to the share ratio of co-owners, and the economic utility of the real estate is likely to be significantly reduced. Defendant C, E, J, and L are present at each first day of pleading and do not wish the division of the jointly owned property. The detailed method of partition is merely a detailed method of partition.

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