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(영문) 광주지방법원 2020.01.10 2019가단524483
공유물분할
Text

1. The real estate listed in the separate sheet 1 shall be put to an auction and the remaining amount after deducting the cost of auction from the proceeds of sale;

Reasons

1. In full view of the facts that there is no dispute over the claim for partition of co-owned property, and the purport of the entire pleadings in Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), the plaintiff, the defendant (appointed party) and the designated parties are the owners of the share corresponding to that stated in the separate sheet No. 2 among the real estate listed in the separate sheet No. 1 (hereinafter the "land of this case"), the plaintiff and the defendant (Appointed party) are the owners of 1/2 shares among the real estate listed in the separate sheet No. 3 (hereinafter the "building of this case"), and the plaintiff, the defendant (Appointed party) and the appointed parties did not reach an agreement on the method of partition of the land of this case and the building of this case by the closing date of the pleadings of this case.

According to the above facts, the plaintiff may file a lawsuit against the defendant (appointed party) and the designated parties, who are other co-owners, in accordance with Article 269 (1) of the Civil Act, in the absence of special circumstances.

2. Method of partition of co-owned property;

A. If a demand for partition of the article jointly owned is made under Article 269 of the Civil Act, the court may order an auction of the article only when it is impossible to divide it in kind or the value of the article might be reduced remarkably due to the division.

B. In full view of the above macroscopic evidence and evidence Nos. 6 and 7, it can be acknowledged that the building of this case exists on the ground of the land of this case, the ownership of the land of this case does not coincide with the owner of the building of this case, the defendant (Appointed Party) and the designated parties are seven persons, and it is practically difficult to consult on the division of goods in kind and the division of price in kind with the plaintiff.

The above facts are as follows: (a) the current state, land category, actual utilization status, economic value after the division, and all the circumstances revealed in the proceedings of the pleading in this case; and (b) the land and the building in this case.

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