(영문) 춘천지방법원 원주지원 2018.04.11 2015가단2446

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 원주지원 2018.04.11 2015가단2446

공유물분할

Text

1. Of the real estate listed in the separate sheet, each point of Schedule 1 No. 1, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 1.

Reasons

1. Co-owned property partition claim

A. According to the facts without dispute, Gap evidence Nos. 3-1 to 5, and the purport of the whole arguments, the following facts are recognized:

1) The plaintiff and the defendants are "real estate of this case 1 through 5" in the order of each real estate listed in the separate sheet (hereinafter "the real estate of this case"). The total real estate of this case is "the real estate

(2) As of the closing date of the instant pleadings, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate as of the date of the conclusion of the pleadings.

B. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may request the Defendants, other co-owners, to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

2. Method of partition of co-owned property;

A. Division of the jointly-owned property may be selected at will if the co-owners reach an agreement, but if the jointly-owned property is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. It is possible to order the auction of the goods only when it is impossible to divide it in kind or when the value is considerably reduced if it is divided in kind. Thus, barring the above circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind in accordance with the share ratio of co-owners.

In addition, the method of division is not a way requested by the parties, but a reasonable division is made according to the ratio of shares of the co-owners according to the overall circumstances of the goods, which are the co-ownership relations or objects, at the discretion of the court. If the goods jointly owned by many people are divided in kind, it is possible to divide them in kind within the limit of shares of the co-owner and

참조조문

-민법 제269조 제1항

유사 판례

-춘천지방법원 원주지원 2018.05.30 2016가단4463

-수원지방법원 2017.03.29 2016가단8660

-수원지방법원 2019.01.09 2018가단506823

-창원지방법원 진주지원 2018.10.12 2017가단5446

-서울남부지방법원 2020.06.18 2019나52094