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(영문) 창원지방법원거창지원 2020.04.28 2019가단11147
공유물분할
Text

1. "Real estate attached to the application for modification of the purport of the claim made on January 8, 2020, as stated in the separate sheet No. 1 list.

Reasons

Facts of recognition

A. The plaintiffs and the defendants share each real estate listed in the separate sheet 1 to 11 in proportion to the ratio listed in the separate sheet 2 inherited shares, and each real estate listed in the separate sheet 12 to 16 in the separate sheet 3 inherited shares.

B. The Plaintiffs and the Defendants did not reach an agreement on partition of each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) and there is no agreement on partition prohibition.

[Ground of recognition] Defendant F, H, L: Defendant G, I, K, M, N,O, and P: (a) based on the fact of recognition as to the cause of claim for a judgment rendered by service by public notice (Article 208(3)2 and Article 150(3) of the Civil Procedure Act). According to the above fact of recognition as to the determination as to the cause of claim for a confession by public notice (Article 208(3)3 of the Civil Procedure Act), the Plaintiffs, co-owners of each real estate of this case, who are co-owners of other co-owners, may request the Defendants, who are co-owners of the real estate of this case,

The method of partition of co-owned property by judgment shall be, in principle, 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 in kind or if the value thereof is apprehended to be significantly reduced, an auction may be conducted. In the price division, the requirement that "it shall not be divided in kind" is not physically strict interpretation, but physically strict interpretation is not to include the case where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner's share.

(2) In order to divide each of the instant real estate in kind, the Defendants were served with a copy of the written application for modification of the purport of the instant complaint and each of the instant claims, and the Defendants did not present any specific opinion by the closing date of argument. In order to divide the instant real estate in kind, the form and surrounding land and road.

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