logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
인천지방법원부천지원 2016.11.11 2014가합10037
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds of the sale, which is put up for auction the area of 2,122 square meters wide prior to the Sincheon-gu E.

Reasons

1. Co-owned property partition claim

A. The facts of recognition are 1) The area of 2,122 square meters (hereinafter “instant land”) before Yacheon-gu, Yacheon-si.

(2) The Plaintiff shared the share of Defendant D’s co-ownership of 1/7 of the total size of the instant land in 203.1429 square meters, among the total size of the instant land 2,122 square meters by the Plaintiff, 1223.81/2122, Defendant B, and C, respectively, and Defendant D owned the share of less than 1/7 of the size corresponding to the Defendant D’s co-ownership, and less than 2122 square meters in four decimal places. 2) The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land by the date of closing argument.

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

B. According to the above facts of recognition, the Plaintiff, a co-owner of the land of this case, may file a claim against the Defendants, who are other co-owners, for the partition of the land of this case under Article 269(1) of the Civil Act.

2. Method of partition of co-owned property;

(a) In the case of dividing the jointly-owned property by trial, if it is impossible to divide it in kind or if the value of the property is likely to be significantly reduced, the auction of the property may be ordered, and in this case, it shall not be physically strictly interpreted, but it shall include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the jointly-owned property.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.) B.

The following circumstances, i.e., the construction of a road and a parking lot in the land of this case, i.e., the part on which a road and a parking lot are installed, and the part on which a road and a parking lot are not, will be remarkably changed among the parts on which a road and a parking lot are installed, and as such, the road and a parking lot are to be installed.