logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2019.10.30 2017가단1342
공유물분할
Text

1. It connects each point of 1,2, 3, 4, 5, 9, 10, and 1 of the Map No. 1., 2, 3, 4, 5, 9, 10, and 1, in sequence.

Reasons

1. The plaintiffs and the defendant shared the real estate in this case. The ratio of shares is 1/4 of the plaintiffs, 1/2 of the defendant, and the division consultation on the real estate in this case between the plaintiffs and the defendant did not exist, and as to the facts that there is no agreement prohibiting division, there is no dispute between the parties, or there is no agreement prohibiting division between Gap and the defendant, and the purport of Gap evidence 1 through 9 (including branch numbers; hereinafter the same shall apply) as a whole and the whole arguments can be acknowledged by considering the whole purport of arguments

According to the above facts of recognition, the Plaintiffs, co-owners of the instant real estate, may request the Defendant, who is another co-owner, to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

2. Method of partition of co-owned property;

A. In principle, a method of partition of co-owned property by a wrong judgment is to be made in kind as long as a reasonable partition can be made according to the share of each co-owner. However, if it is impossible to divide it in kind or if it is apprehended that the value might be significantly reduced if it is made in kind, an auction may be ordered to divide it. In the payment, the requirement that "it is not possible to divide it in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner's share.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.) B.

With respect to this case, it is insufficient to prove that the area of the real estate in this case is forest with a size of 5,554 square meters, and that if it is impossible to divide it in kind in kind or it is possible to divide it in kind in kind, the value of the real estate in this case may be significantly reduced. In accordance with the spot division method, such as the written order presented by the defendant, the land containing the defendant's friendly funeral shall be owned by the defendant alone, and it is related to the grave in the future.

arrow