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(영문) 춘천지방법원강릉지원 2020.02.19 2019가단35441
공유물분할
Text

1. It shall be put up for auction the answer F 2910 square meters in Gangnam-si, and the remainder after deducting the auction cost from the proceeds shall be attached thereto.

Reasons

1. In full view of the purport of the entire pleadings in the entry of evidence No. 1, the Plaintiff and the Defendants owned the co-ownership share indicated in the “co-owner and share indication” in the annexed Form, and the fact that there was no agreement between the Plaintiff and the Defendants as to the partition of co-owned property as to the instant land.

According to the above facts of recognition, the Plaintiff may request the Defendants to divide the instant land pursuant to Article 269(1) of the Civil Act.

2. In a lawsuit for partition of co-owned property, the court shall issue an order for partition according to the share ratio in a reasonable manner, comprehensively taking into account the co-ownership relation or the overall situation of the property which is the object thereof. In principle, the partition of co-owned property by judgment shall be made in kind. However, even if it is impossible in kind or it is possible in form, if the price might be reduced remarkably, the auction of the co-owned property shall be ordered, the price shall be divided, and the price shall be reduced remarkably due to the spot partition. Here, the "the price of the co-owned property shall be reduced remarkably due to the spot partition" includes not only the case where the exchange value of the co-owned property is remarkably reduced remarkably due to the spot partition, but also the case where the value of the property to be owned independently by the spot partition becomes significantly decreased compared to the share value of the co-owner before the partition of co-owned property (see, e.g., Supreme Court Decision 9Da6746, Jun. 11, 199).

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