(영문) 서울서부지방법원 2021.01.13 2020가단4785

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줄 간격

자간(%)

(영문) 서울서부지방법원 2021.01.13 2020가단4785

공유물분할(대금분할)

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Attached Form

The plaintiff shall be entitled to the real estate listed in the list for auction and the remaining money after deducting the auction cost.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared real estate listed in the separate sheet (hereinafter “instant real estate”) according to the share ratio of public land indicated in the separate sheet.

B. There was no agreement between the Plaintiff and the Defendants regarding the method of dividing the instant real estate until the closing of the pleadings of the instant case, and there was no separate agreement on the use of the instant real estate, or there was no special agreement on not dividing it.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including each number), the purport of the whole pleading

2. Determination

A. According to the facts of recognition as above, the co-owner of the pertinent real estate may file a claim against the Defendants, who are co-owners of the instant real estate, for the partition of the instant real estate jointly owned by another co-owner.

Defendant C and D asserted that, insofar as the Plaintiff proposed to divide the instant real estate by selling it to the Defendants, the Defendants did not oppose or interfere with the division of the instant real estate, and thus did not support the requirements for the claim for division of the instant real estate, or there was an agreement between the Plaintiff and the Defendants to divide the instant real estate by selling the instant real estate, the Defendants asserted that they should dismiss the Plaintiff’s claim. However, in light of the following: (a) the Defendants expressed their objection as to the division of the jointly owned property, and did not present specific and practical alternatives regarding the plan or method of division of the instant real estate, which is the jointly owned property; and (b) there was no evidence to deem that there was an agreement between the Plaintiff and the Defendants to sell the instant real estate and divide the instant real estate, the agreement between the Plaintiff and the Defendants

B. 1) The method of partition of the article jointly owned shall be in kind in the case of dividing the article jointly owned.

유사 판례

-서울서부지방법원 2021.01.13 2020가단4785

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