(영문) 춘천지방법원 2019.07.04 2019가단930

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자간(%)

(영문) 춘천지방법원 2019.07.04 2019가단930

공유물분할(대금분할)

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1. Attached Form;

1. The real estate indicated in the real estate indication shall be put to an auction and the proceeds thereof shall be deducted from the auction expenses; and

Reasons

1. Basic facts

A. The Plaintiff’s attached Form on July 17, 2017

1. Of each real estate indicated in the real estate indication (hereinafter “instant real estate”), 2/15 shares in H’s name were purchased at the auction procedure. The Plaintiff and the Defendants currently attached thereto.

2. The real estate in this case is co-owned according to each share ratio entered in the indication of co-owners and shares.

B. There was no agreement between the Plaintiff and the Defendants on the prohibition of partition regarding the instant real estate, and there was no agreement on the method of partition until the closing date of the instant argument.

[Reasons for Recognition] Class A, Nos. 1, 2, and 3 (including each number), the purport of the whole pleadings

2. Markets;

(a).

According to the above facts, the Plaintiff, a co-owner of the instant real estate, may request the Defendants, who are other co-owners, to divide the instant real estate.

B. Next, the following circumstances, which can be known by evidence revealed in health room and basic facts as to the method of partition of co-owned property, i.e., ① the instant real estate reached 12 lots, and its size, location, and usage are different, and the land area is divided in kind according to the share ratio of seven co-owners, such as the Plaintiff and the Defendants, etc., the land area is small

1. The real estate listed in paragraphs 1, 3, 4, 7, 8, 9, and 10 may not meet the minimum partitioned area. In order to meet the value and equity ratio of each divided individual land, the market price is bound to conduct a separate appraisal, and thus, it is anticipated that considerable time and expenses will be incurred. ② The real estate in this case may be presented to divide the real estate in the form of a single ownership without dividing it into seven parcels, but the real estate in this case needs to be divided into the form of a single ownership in proportion to the share ratio. However, the same applies to the above fact that the procedure for reasonable cost and time, such as the market price appraisal, requires the procedure for market price appraisal

1.The third party I shall own on the ground of the real estate listed in paragraph 1 of the list.

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