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(영문) 대구지방법원 2017.12.27 2017가단20156
공유물분할
Text

1. Each real estate listed in the attached list of real estate shall be put to an auction and the proceeds from the auction shall be excluded;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants share each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) in the proportion indicated in the separate sheet of shares.

B. There was no separate agreement between the Plaintiff and the Defendants on the prohibition of partition regarding the instant real estate, and no agreement on the method of partition has been reached so far.

C. At present, the instant real estate is not used.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including each number), the purport of the whole pleadings

2. Determination:

A. Since the Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate, the Plaintiff may claim the division of the instant real estate pursuant to Articles 268 and 269 of the Civil Act.

B. As to this, the Defendants asserted that the Plaintiff’s acquisition of the Plaintiff’s share as the purchaser of the instant real estate’s co-ownership is null and void, and that if the instant real estate is divided, it would infringe on the Defendants’ ownership of the Daegu-gu E-gu, and F.13 square meters of land under the name of the inheritee, which is used as the road of the instant real estate, but there is no legal basis and proof to accept

(c) If the article jointly owned is unable to be divided in kind or if the value thereof is likely to be reduced remarkably due to a division, the court may order an auction of the article; and

(Article 269(2) of the Civil Act. In this case, the following facts are considered: (a) since the instant real estate is a detached house between the site of 145.1 square meters in size and its ground; (b) it is practically difficult to divide the instant real estate in kind due to its structural use; (c) it is impossible to divide the site on which the instant building is located into two parts; (d) it is not currently used the instant real estate in any part among the Plaintiff and the Defendants; and (d) it is not deemed that the Plaintiff proposed the method of share transfer and price compensation to the Defendants, or that consultation was not concluded

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