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(영문) 춘천지방법원 강릉지원 2018.11.28 2018가단33080
공유물분할
Text

1. The amount of 245 square meters in Gangnam-si B shall be put up for auction to the remainder after deducting the auction cost from the price.

Reasons

1. Comprehensively taking account of the facts that there is no dispute between the parties to the claim for partition of co-owned property, the Plaintiff owned 50/245 of the size of 245 square meters in Gangnam-si B (hereinafter “instant land”), 22/245 of the land, and 173/245 shares to the Defendant Republic of Korea, and the fact that there was no agreement between the Plaintiff and the Defendants on partition of co-owned property as to each of the instant land.

2. In a lawsuit for partition of co-owned property, the court shall issue an order for partition in a reasonable manner, taking into account the co-ownership relation or the overall situation of the property which is the object thereof, and in principle, the share ratio refers to the share ratio of the value according to the share. Thus, if the shape, location, situation of use or economic value of the object to be partitioned is not equal, in principle, the economic value should be adjusted accordingly. In addition, the partition of co-owned property by judgment should be ordered in the manner of spot partition. However, even if it is impossible in kind or possible in kind, if the price might be reduced remarkably, the auction of the co-owned property should be ordered, and the so-called price division should be reduced remarkably due to the spot partition. "The exchange value of the co-owned property is significantly reduced due to the spot partition, as well as co-owners, the value of the part to be owned independently by the spot division is considerably higher than the share in the property before the partition of co-owned property (see, e.g., Supreme Court Decision 96Do196.).

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