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(영문) 청주지방법원 2017.03.30 2016가단16092
공유물분할
Text

1. The amount of each real estate listed in the separate sheet remaining after deducting the expenses for auction from the proceeds of auction;

Reasons

1. In full view of the purport of the pleading transfer in each of the evidence No. 1 and evidence No. 2 (including each number), the facts as shown in the reasons for the claim are recognized.

2. Determination

A. According to the facts acknowledged as above, the Plaintiff, a co-owner, may claim the partition of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) against the Defendants, other co-owners, pursuant to Articles 268 and 269 of the Civil Act.

B. 1) In litigation for partition of co-owned property, the court shall issue an order for partition according to the share ratio in a reasonable manner, taking into account the co-ownership relation or the overall situation of the property which is the object thereof, and in principle, the share ratio refers to the ratio of the value according to the share ratio. If the shape or location of the object to be partitioned, the situation of its use, or the economic value is not equal, in principle, the economic value shall be adjusted according to the share ratio and order for partition. In addition, the method of partition of co-owned property in kind is, in principle, in the case where it is impossible to divide it in kind or in kind, or if it is difficult to divide it in kind or it is apprehended that the value would be significantly decreased if it is not possible to divide it in kind, the auction can be ordered to divide it in kind. In this case, the requirement that "it is not possible to divide it in kind" is not physically strict, but it is difficult or inappropriate to divide it in kind in light of the character, location, size, use situation, and use value after the partition (see, etc.).

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