(영문) 광주지방법원 2018.08.22 2018가단2252

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(영문) 광주지방법원 2018.08.22 2018가단2252

공유물분할

Text

1. The plaintiff shall sell a 294m2 in Nam-gu, Gwangju to auction and deduct the auction cost from the price.

Reasons

1. In full view of the purport of the entire pleadings in evidence Nos. 1 through 4, the Plaintiff and the Defendants shared the real estate as stated in the Disposition No. 1 (hereinafter “instant real estate”) according to their respective shares in the co-owners’ share table, and the parties did not reach an agreement on the method of partition of the instant real estate. As such, the Plaintiff, a co-owner of the instant real estate, may file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate jointly owned pursuant to Article 269(1) of the Civil Act.

2. Method of partition of co-owned property;

(a) The partition of a co-owned property by judgment shall be made by the method of spot partition, or by the method of spot partition, if it is impossible to divide it in kind or even if it is possible in kind, if the price might be reduced remarkably as a result thereof, if the auction of the co-owned property is ordered, and the proceeds thereof shall be divided in installments;

"The price is significantly reduced due to the in-kind division" includes not only the case where the exchange value of the whole co-owned property is significantly reduced due to the in-kind division but also the case where the value of the part to be owned independently due to the in-kind division is significantly reduced compared to the share value in the co-owners before the partition of co-owned property.

Therefore, even if it is possible to divide the article in kind formally, if it is not possible to divide the article in kind according to the ratio of shares of each co-owner in consideration of the location, area and surrounding roads, use value, price, ownership ratio of co-owner and use and profit-making status of each co-owner, it is not necessary to divide the article in kind, but to divide the article jointly owned by the method of payment in kind.

In addition, if co-owned land is divided in kind according to the share ratio.

참조조문

-민법 제269조 제1항

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