(영문) 광주지방법원장흥지원 2017.05.31 2016가단1053

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원장흥지원 2017.05.31 2016가단1053

공유물분할청구의 소

Text

1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the buildings listed in the attached list;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared each of 1/4 shares of the buildings listed in the separate sheet (hereinafter “instant building”).

B. As of the date of the closing of the instant argument, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant building.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. Co-owners may file a claim for partition of co-owned property (the main sentence of Article 268(1) of the Civil Act). If a consultation as to the method of partition does not lead to agreement, co-owners may file a claim for partition with the court. If it is impossible to divide it in kind or the value thereof is likely to decrease remarkably due to the division, the court may order auction of the goods (Article 269 of the Civil Act). Accordingly, the Plaintiff, co-owners, as co-owners, may file a claim for partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) and Article 269 of the Civil Act

B. The partition of co-owned property based on the judgment of one legal principle as to the partition of co-owned property is in principle, it is impossible to divide it in kind or in kind, or it is possible in form

Even if the price of the article jointly owned is likely to be reduced remarkably due to it, the auction is ordered pursuant to Article 269(2) of the Civil Code and the price is divided. The price of the article substantially reduced due to the in-kind division is not only the case where the exchange value of the article jointly owned is significantly reduced due to the in-kind division but also the case where the value of the article to be owned by the co-owners is significantly reduced compared to the share price before the co-owned property is divided in kind.

참조조문

-민법 제268조 제1항

-민법 제269조

-민법 제269조 제2항

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