(영문) 대구지방법원의성지원 2017.09.06 2017가단454

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원의성지원 2017.09.06 2017가단454

공유물분할

Text

1. The plaintiff shall sell the real estate listed in the separate sheet to an auction and deduct the auction cost from the price.

Reasons

1. Facts of recognition;

A. Of the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of transfer of ownership of each share was completed in the name of the Plaintiff, Defendant D, and Defendant E as to shares 2/14, shares 3/14 in the name of Defendant B, and shares 5/14 in the name of Defendant C.

B. There was no agreement on the method of dividing the real estate of this case until the date of closing the argument of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the plaintiff and the defendants shared the above land. Thus, the plaintiff and the defendants can file a claim for partition of the real estate of this case against the defendants who are other co-owners pursuant to Article 268 (1) of the Civil Act.

B. The partition of co-owned property, based on the decision on the method of partition, shall be made by the method of in-kind division, in principle, insofar as the co-owners can make a rational partition according to their shares. However, even if it is impossible in kind or if the price might be reduced remarkably as a result, the auction of the co-owned property should be ordered, and if the price might be reduced remarkably, the sale of the co-owned property shall not be divided in kind. However, the requirement that "in the payment division, it shall not be divided in kind" should not be interpreted physically strictly, but it shall include cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, use value after

In addition, the phrase "if the value of the portion is likely to be reduced remarkably if it is divided in kind" also includes cases where, even if a co-owner is a person, the value of the portion to be owned by him/her is likely to be reduced significantly than the value of the share before the division.

Therefore, it is possible to divide in kind formally.

Even if the property is jointly owned.

참조조문

-민법 제268조 제1항

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