(영문) 대구지방법원경주지원 2020.06.10 2019가단3267

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원경주지원 2020.06.10 2019가단3267

공유물분할

Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the Plaintiff and the Defendants have completed the registration of ownership transfer on September 25, 2008 by reason of “Inheritance on September 10, 1999” and currently shared the ownership transfer.

B. There was no agreement between the Plaintiff and the Defendants as to the partition of co-owned property of each of the instant real estate.

[Grounds for recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. According to the above facts of recognition, the Plaintiff, a co-owner of each of the instant real estate, may claim the division of each of the instant real estate against the Defendants, who are other co-owners.

Furthermore, as to the method of partition of co-owned property, comprehensively taking account of all the circumstances indicated in the pleadings of this case, such as health zone, the size and use value of each real estate of this case, the parties’ intention (the plaintiff wanting to divide by auction, the defendant C and E did not present any opinion, and the defendant C and E did not present any specific proposal, but the defendant D did not seek dismissal of the plaintiff’s claim) and circumstances where the plaintiff and the defendants jointly own each real estate of this case for not less than 20 years but did not reach an agreement on partition of co-owned property, since the partition of co-owned property as to each of the above real estate constitutes a case where it is difficult or inappropriate to divide in kind, it is the most equitable and reasonable to distribute the price

Therefore, each of the instant real estate shall be sold at auction and its price shall be divided according to the ratio of 1/5 of the Plaintiff and the Defendants’ respective shares.

3. Conclusion is decided as per Disposition.

유사 판례

-인천지방법원 2018.11.28 2018가단235131

-대전지방법원천안지원 2019.04.24 2018가단10834

-의정부지방법원 고양지원 2021.02.05 2020가단80598

-대전지방법원 홍성지원 2021.02.26 2020가단1080

-수원지방법원성남지원 2015.09.08 2015가단14197