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(영문) 울산지방법원 2020.11.20 2019가단124931
공유물분할
Text

The amount remaining after deducting the auction expenses from the proceeds of the sale, which is put up for an auction of the H 679.1m2 in Ulsan-gun, Ulsan-gun.

Reasons

1. Facts of recognition;

A. As to the “land of this case”, Defendant C acquired 10/55 for Defendant E, Defendant G 15/5 for Defendant G, and 10/55 for Defendant G on October 2, 1979 for inheritance. Defendant B acquired 10/55 for sale on November 2, 2001, and the Plaintiff acquired 1/55 for the Plaintiff, 1/5 for the designated parties I, and J, and 5/5 for the designated parties K by public sale on October 24, 201, respectively.

B. On the ground of the instant land, there are warehouses or stores as shown below, and the Defendants leased the instant land to the parking lot or commercial building and receive rent.

H 순번 위치 상호 구조 면적 1 ㉠ 캣츠 철제 컨테이너 박스구조 점포 15㎡ 2 ㉡ 옷수선 판넬조 판넬지붕 단층 점포 10.9㎡ 3 ㉢ 창고 철제 컨테이너 박스구조 창고 18㎡ 4 ㉣ 콩 철제 컨테이너 박스구조 점포 15㎡ 5 ㉤ 네일박스 철제 컨테이너 박스구조 점포 18㎡ 6 ㉥ 꽃마을 철파이프조 비닐하우스 및 판넬조 판넬지붕 화원 72.7㎡

C. There is no partition prohibition agreement between the Plaintiff, the remaining designated parties, and the Defendants on the instant land, and there is no agreement on division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 2 and 3, video and the purport of the whole pleadings

2. Judgment on the claim for partition of co-owned property

A. According to the facts acknowledged as above, the Plaintiff, a co-owner of the land of this case, can file a claim for partition against the Defendants, who are co-owners of the land of this case, as co-owners.

B. Co-owned property partition by one trial on the method of partition of co-owned property shall be, in principle, divided in kind as far 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 or it is possible to divide in kind in kind if the value might be significantly reduced, an auction may be ordered to divide in kind. Thus, it shall not be divided in kind.

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