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(영문) 춘천지방법원강릉지원 2016.11.29 2016가단53660
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

Attached Form

Each real estate listed in the list (hereinafter referred to as the "real estate of this case") is jointly owned by the plaintiffs and the defendant, respectively.

In principle, partition of co-owned property by judgment shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, or the requirement that it cannot be divided in kind in kind is not physically strict interpretation, but physically strict. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location or size of the co-owned property, use situation, use value after the partition

It includes the case where the value of the portion to be owned by a person in kind is likely to be significantly reduced if it is divided in kind, and it also includes the case where the value of the portion to be owned by a person in kind may be significantly reduced than the value of the share before the division, even if he/she is a person of a co-owner.

(2) The real estate of this case is difficult or inappropriate to divide it into kind in consideration of the following factors: (a) the real estate of this case is sold at auction; and (b) the price is distributed according to the respective equity ratio between the plaintiffs and the defendant, after the sale of the real estate of this case is the most equitable and reasonable method of division, considering the following factors: (c) the intention of the parties; and (d) the use value after the division of the real estate of this case.

However, the costs of lawsuit shall be borne by each party, and it is so decided as per Disposition.

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