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(영문) 대구지방법원김천지원 2016.01.13 2015가단1181
공유물분할
Text

1. The remaining amount of 2,031 square meters prior to Kimcheon-si shall be put to an auction and the auction cost shall be deducted from the proceeds of the auction.

Reasons

1. According to the purport of Gap's written evidence Nos. 1 through 5 and all pleadings, as to the land of this case (hereinafter "land of this case"), the plaintiff co-owned 100/2031 shares, the defendant (hereinafter "the defendant") Eul co-owned 1692.5/2031 shares, and the 238.5/2031 shares, and the fact that all co-owners did not reach an agreement on the method of dividing the land of this case by the date of closing argument of this case is acknowledged.

A co-owner may demand a partition of the article jointly owned (main sentence of Article 268(1) of the Civil Act), and if the agreement on the method of partition of the article jointly owned is not reached, the co-owner may demand a partition to the court, and if it is impossible to divide the article in kind or the value thereof is likely to decrease remarkably due to the partition, the court may order the auction of the article.

(Article 269 of the Civil Act). Accordingly, the Plaintiff and Defendant B, a co-owner of the instant land, may claim a partition of the instant land against other co-owners.

(1) In the written reply against the principal lawsuit, Defendant B asserted that the lawsuit in this case should be dismissed, or that the plaintiff's claim should be dismissed, because the purport of the co-ownership lawsuit should be reversed, but since then the lawsuit seeking co-ownership of the land in this case was filed, the judgment as to the above argument is not possible). 2. In the method of co-ownership of co-owned property in this case, if an agreement is reached between the parties, the method may be chosen at will, but if the co-owned property is divided according to the judgment due to the lack of agreement, the court may, in principle, divide the property in kind, and order the auction of the property only if it is impossible to divide it in kind, or if it is difficult to divide it in kind, or if it is possible to reduce its value, it can be ordered

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