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전주지방법원 정읍지원 2018.07.12 2017가단13029
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds sold by auction with respect to the area of 893 square meters in Jung-gu, Jung-gu.

Reasons

1. Facts of recognition;

A. On February 8, 1973, the Defendants and E completed the registration of ownership transfer with respect to each of 1/3 shares of D 893 square meters (hereinafter “instant land”).

B. On June 24, 2013, the Plaintiff completed the registration of ownership transfer on June 28, 2013 of the instant land by obtaining a decision of permission for sale as a purchaser in the public auction procedure on the E’s one-third share among the instant land.

[Reasons for Recognition] Unsatisfy, entry of Gap 3 through 4, the purport of the whole pleadings

2. Determination

A. The Plaintiff, as co-owner of the instant land, may claim a partition of the instant land against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.

B. The partition of co-owned property by the judgment of one court shall be, in principle, divided in kind or in kind, or even if it is possible in form, if the value is likely to decrease substantially, the auction as the co-owned property shall be ordered to divide the price. Here, the price decrease substantially due to the in-kind division shall include not only the case where the exchange value of the co-owned property is significantly reduced due to the in-kind division but also the case where the value of the portion to be owned by the co-owner is significantly reduced considerably than the share value before the partition of co-owned property, even if it is not done to co-owners in kind. Thus, even if it is possible in the form of in-kind division, it shall not be the method of in-kind division if the share owned by each co-owner can not be divided in kind in accordance with the ratio of ownership before the partition of co-owned property, considering the location, area and surrounding situation of the co-owned property, use value, share ratio of co-owner, and current status of the co-owner's share.

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