(영문) 광주지방법원순천지원 2019.05.22 2018가단7041

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(영문) 광주지방법원순천지원 2019.05.22 2018가단7041

공유물분할

Text

1. The plaintiff shall sell the 180 square meters away from the proceeds by auction on the I road in the Jeonnam-si and shall be the remaining amount after deducting the auction costs from the proceeds.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared the share of 180 square meters of the I road 180 square meters (hereinafter “instant land”) in the proportion of co-ownership shares indicated in the separate sheet in the city of Yong-Nam.

B. There is no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

C. The Defendants did not appear on the date of pleading without submitting a written reply or a preparatory document despite having received a written complaint of the instant case seeking an auction division.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, as of the date of closing argument of this case, the Plaintiff may claim the partition of the land of this case against the Defendants, barring special circumstances, such as the agreement prohibiting partition, since there was no agreement between the Plaintiff and the Defendants on the method of dividing the land of this case.

B. The partition of co-owned property by the method of partition is, in principle, divided in kind as long as it is possible to make a reasonable partition according to each co-owner's share, and if it is impossible to divide in kind or if the value is likely to be substantially damaged due to the division, the price shall be divided by auction (Article 269 (2) of the Civil Act). The land category of this case is a road, the area of which is not less than 180 square meters, and it is not only the area of the land of this case, but also it is difficult or inappropriate for the Defendants to adopt the method of partition in kind or by the price compensation because they did not appear on the date of pleading without submitting a written reply or the legal brief, and the Defendants also can receive the successful bid of the land of this case by participating in the auction procedure based on the price partition judgment. In light of the fact that the method of payment by auction cannot be deemed unilaterally unfavorable to the Defendants, the land of this case shall

참조조문

-민법 제269조 제2항

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