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(영문) 대전지방법원서산지원 2015.05.12 2014가단7911
공유물분할
Text

1. The amount remaining after the amount of 883m2 in Tae-gun, Chungcheongnam-do is put to an auction and the auction cost is deducted from the price.

Reasons

In full view of the purport of the entire arguments in the statement in Gap evidence Nos. 1 through 3, the plaintiff and the defendants shared the share of 883 square meters in the annexed sheet in Tae-gun, Chungcheongnam-do (hereinafter "the real estate in this case").

In principle, partition of co-owned property by judgment shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, or the requirement that it cannot be divided in kind in kind is not physically strict interpretation, but physically strict. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location or size of the co-owned property, use situation, use value after the division

It includes the case where the value of the portion to be owned by a person in kind is likely to be significantly reduced if it is divided in kind, and it also includes the case where the value of the portion to be owned by a person in kind may be significantly reduced than the value of the share before the division, even if he/she is a person of a co-owner.

(2) In the event that the real estate of this case was sold at auction and then distributed the price according to the respective shares of the Plaintiff and the Defendants, considering the intent of the parties and the use value after the division of the nature of the real estate of this case, the real estate of this case constitutes a case where it is difficult or inappropriate to divide the real estate of this case in kind. Thus, it is the most equitable and reasonable method to sell the real estate of this case at auction and then distribute the price according to the respective shares of the Plaintiff and the Defendants.

However, the costs of lawsuit shall be borne by each party, and it is so decided as per Disposition.

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