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(영문) 부산지방법원 2019.11.28 2019가단11018
공유물분할
Text

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

Reasons

Attached Form

The Plaintiff shares each of the real estate listed in the list (hereinafter “instant real estate”) at the rate of 5/11, and 2/11, respectively, and the Defendants did not reach an agreement on the method of division before the instant lawsuit was filed, and the fact that there is no agreement on the prohibition of partition of the instant real estate does not exist between the parties, or that there is no dispute between the parties, or that the agreement on the prohibition of partition of the instant real estate is acknowledged by comprehensively taking account of the respective descriptions in

In principle, the partition of co-owned property by judgment shall be made by the method of in-kind division as long as the price can be reasonably divided according to each co-owner's share. However, even if it is impossible or possible in-kind form, if the price is likely to decrease substantially, the auction of the co-owned property shall be ordered, and the price shall not be divided in-kind, but the requirement of "in-kind division" shall not be physically strict interpretation, and it shall include cases where it is difficult or inappropriate to divide the co-owned property in-kind in-kind in light of the nature, location, area, use status, and use value after the division.

I would like to say.

In full view of the above facts, the real estate of this case as a single house and its site where it is practically difficult to divide it in kind due to the use of the real estate, and the economic utility of the real estate of this case, other than the plaintiff, is significantly reduced due to the spot payment, considering the following facts: (a) the real estate of this case is a single house and its site; and (b) the economic utility of the real estate of this case is considerably reduced due to the spot payment, even if it is impossible to divide it in kind or possible in form, the real estate of this case constitutes a case where the price might be significantly reduced due to it; and (c) the real estate of this case is sold at auction to the plaintiff and the defendants after deducting the auction expense.

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