logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.01.26 2017가단105496
공유물분할
Text

1. The plaintiff A shall sell 250 square meters prior to K in the city of Kimpo-si to an auction, and the remaining amount after deducting the auction cost from the price.

Reasons

1. The following facts can be acknowledged as either a dispute between the parties or a whole purport of the pleading in Gap evidence No. 1.

Of the land of this case, the Plaintiff A owns 334/1388 shares, the Plaintiff B owns 350/1388 shares, and the Defendants own each share listed in the separate sheet.

B. The Plaintiffs and the Defendants did not reach an agreement on partition of co-owned property by the date of the closing of argument in the instant case.

2. Determination

A. According to the facts acknowledged above, the plaintiffs, co-owners of the land of this case, can file a claim for partition of the land of this case against the defendants, other co-owners.

B. Co-owned property partition by decision on the method of partition shall be divided in kind, in principle, or even if it is impossible in kind, if the price is likely to decrease substantially as a result, the auction of the co-owned property shall be ordered, and if the price of the co-owned property is likely to decrease substantially. In this context, the exchange value of the whole co-owned property shall be reduced remarkably due to the in-kind division, as well as the cases where the value of the part to be owned by the co-owner is significantly reduced considerably than the share price before the co-owned property partition, even if the co-owner fails to conduct a fair partition. Thus, even if it is possible in kind, the co-owned property can be divided in kind, in light of the location, area and surrounding circumstances of the co-owned property, use value, price, share ratio of co-owner's ownership and the current status of profit-making, etc., if the share of co-owner's ownership can not be divided in kind according to the ratio of share in kind, not by the method of the in-kind division.

arrow