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(영문) 수원지방법원안산지원 2017.08.25 2016가단11219
공유물분할
Text

1. The real estate listed in the separate sheet 1 shall be put to an auction and the remaining amount after deducting the cost of auction from the proceeds of sale;

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet 1 (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants at their respective shares of 1/8.

B. There was no division agreement between the Plaintiff and the Defendants regarding the instant real estate, and there was no division prohibition agreement.

【Plaintiffs and Defendant B, C, D, E, G, and H: The Plaintiff and Defendant F by publication (Article 208(3)3 of the Civil Procedure Act)

2. As a matter of principle, the method of partition of co-owned property by the judgment on the cause of the claim shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind or in kind or if it is apprehended that the value might be significantly reduced, an auction may be ordered to divide in kind. In the payment division, the requirement that “it is not possible to divide in kind” is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation of the co-owned property, and use value after the division.

(2) The real estate of this case is an aggregate building, so it is difficult to determine the method of dividing the real estate in kind to satisfy all co-owners. Defendant F is a service by public notice and it is difficult for all co-owners to hold consultations on the method of dividing the real estate of this case, and the remaining Defendants did not express special opinions on the method of dividing the real estate of this case. Considering the shape of the real estate of this case, the real estate of this case constitutes a case where it is difficult or inappropriate for co-owners to fairly divide the real estate of this case while maintaining the utility value of the real estate of this case, and the sale price of this case is divided by co-ownership.

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