(영문) 대전지방법원 공주지원 2018.10.18 2018가단847

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(영문) 대전지방법원 공주지원 2018.10.18 2018가단847

공유물분할 등

Text

1. The money shall be paid from the proceeds of the sale to auction each of the real estate recorded in the attached list;

Reasons

1. According to the purport of the evidence No. 1 to No. 5 of the Plaintiff’s claim for partition of co-owned property as to the Defendants, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) is recognized as co-owned by the Plaintiff (Appointed Party) and the Appointed D (hereinafter “Plaintiff, etc.”) respectively. The Defendants shared 1/8 shares, and the Defendants shared 1/4 shares, and there was no partition agreement between the Plaintiff, etc. and the Defendants on the instant real estate until now, and there was no partition agreement and there was no partition agreement.

According to the above facts of recognition, pursuant to Article 269(1) of the Civil Act, the Plaintiff, etc., a co-owner of the instant real estate, may file a claim against the Defendants, who are other co-owners of the instant

Furthermore, in full view of all the circumstances acknowledged by the purport of the entire pleadings, including the fact that the Defendants did not comply with the request for subdivision by the Plaintiff, etc., and did not appear on the date of pleading even after receiving a written complaint of this case claiming auction division, and that the real estate of this case appears to have significantly decreased in its utility value when divided into land and buildings, the real estate of this case constitutes a case where it is difficult or inappropriate to divide the real estate of this case in kind.

Therefore, pursuant to Article 269(2) of the Civil Act, it is reasonable to distribute the remaining amount after deducting the auction cost from the proceeds from the sale to the auction to the plaintiff and the defendants according to their shares.

2. Claim for monetary payment against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment based on the recommendation of confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

3. In conclusion, the claim for partition of co-owned property against the defendants shall be divided through auction, and the claim for payment against the defendant C shall be accepted, and it is so decided as per Disposition.

참조조문

-민법 제269조 제1항

-민법 제269조 제2항

-민사소송법 제208조 제3항 제2호

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