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(영문) 춘천지방법원강릉지원 2019.11.13 2019가단33049
공유물분할
Text

1. The plaintiff shall sell the real estate listed in the separate sheet to an auction and the remaining money after deducting the auction cost from the price.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in evidence Nos. 1 through 3 as to the establishment of the right to claim partition of co-owned property, the registration of ownership transfer in the name of the Plaintiff was made with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). The fact that the agreement on partition of co-owned property between the Plaintiff and the Defendant was not reached between the Plaintiff and the Plaintiff in the divorce and the Defendant in the litigation proceedings against the Plaintiff and the divorce. The Plaintiff (the Defendant in the instant case) against the Plaintiff (the Plaintiff in the instant case) on July 17, 2018, stating that “the ownership transfer registration procedure was implemented for one-half portion of the instant real estate on the grounds of division of property as of July 17, 2018,” which became final and conclusive on July 17, 2018.

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

2. In a lawsuit for partition of co-owned property, the court shall order the partition according to the ratio of shares in a reasonable manner, comprehensively taking into account the co-ownership relation or all the circumstances of the property which is the object thereof, and the partition of co-owned property according to the court decision shall be based on the method of spot partition, but if it is impossible to divide in kind, the price shall be divided by order of auction of the co-owned property and by

(see, e.g., Supreme Court Decision 99Da6746, Jun. 11, 199): Provided, That it is recognized that it is reasonable to acquire the relevant jointly owned property to a specific person, comprehensively taking into account the causes of the sharing relationship, the ratio of co-ownership to co-ownership, the economic value in the case of division, and the wishes of co-owners to divide, and it is substantial between co-owners to acquire the price of shares.

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