logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.12 2017가합33617
공유물분할 청구의 소
Text

1. The real estate listed in paragraph 1 of the attached list shall be put to an auction and the remainder after deducting the auction cost from the price;

Reasons

1. In full view of no dispute between the parties to the claim for partition of co-owned property, or the purport of the whole entries and arguments as to the real estate listed in paragraph (1) of the separate sheet No. 1 (hereinafter “real estate No. 1”) as to the real estate listed in the separate sheet No. 2/13, Defendant C, and F shared with each share of 4/13, and as to the real estate listed in paragraph (2) of the separate sheet No. 2 of the attached sheet No. 2 of the Plaintiff, Defendant C, and F shared with each share of 2/13, Defendant B, and Defendant E/13, and Defendant E shared with each share of 4/13 as to the real estate listed in the separate sheet No. 2 of the same case (hereinafter “second real estate of this case”). Unless there are special circumstances, the Plaintiff may file a claim for partition of the real estate of this case against the other co-owners and the Defendants as co-owners of each of the real estate of this case by the closing date of pleadings of this case.

2. Method of partition of co-owned property;

A. The partition of co-owned property by judgment is in principle divided in kind as long as a reasonable partition can be made according to the share of each co-owner. The auction of the goods can be ordered only when the value of the goods is likely to be significantly reduced if it is impossible to divide in kind or in kind. In the payment division, the requirement that "it cannot be divided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use status, and use value after the division, etc. of the co-owner's share.

In addition, the value of the portion to be owned independently by the in-kind division does not exceed the value of the ownership before the division even if the co-owner's co-owner's share is entitled to decrease substantially if the division is made in kind.

arrow