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(영문) 대전지방법원홍성지원 2016.09.20 2015가단7879
공유물분할
Text

1. The amount remaining after deducting the expenses for auction from the proceeds of the auction by selling each real estate listed in the separate sheet No. 1;

Reasons

1. Facts of recognition;

A. As to each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), S, T, U, U, Defendants B, C, and the Plaintiff are registered as a right holder of 1/6 each.

B. Each heir due to the death of S, T, and U is inherited and currently sharing the real estate of this case as shown in the status of co-ownership in the attached Form.

C. There is no agreement between the Plaintiff and the Defendants on the prohibition of partition, and there is no agreement on the partition of co-owned property.

[Evidence Evidence: Each entry of Evidence A 1 to 3, the purport of the whole pleadings]

2. Determination:

A. According to the above facts, the Plaintiff, as co-owners of the instant real estate, may request the Defendants, who are other co-owners, to divide the pertinent real estate into common property.

(b) In the case of dividing the article jointly owned by a trial, in principle, by dividing it in kind, or in the case of dividing it into money in kind or in the case of dividing it into money in kind, if the value of the article is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered to be paid in installments;

Here, the requirement includes not only cases where it is physically impossible to divide the property in kind, but also cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, use value after the division, etc., and also cases where the value of the property to be owned by the co-owner is likely to be significantly reduced if the property is divided in kind, it includes cases where the co-owner's value of the property to be owned by the sole owner is likely to be significantly reduced compared to the share value before the division.

In full view of the written evidence Nos. 1 through 3 and the location, size, and shape of the instant real estate recognized by the aforementioned evidence, and the intent of the Plaintiff and the Defendants regarding the method of dividing the instant real estate.

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