(영문) 대전지방법원 홍성지원 2021.02.26 2020가단33407

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2021.02.26 2020가단33407

공유물분할

Text

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and their co-ownership is the Plaintiff, Defendant B, D, I, and I, each 126/702, Defendant C, Defendant C, and Defendant H 84/702, Defendant EF, and G, each 14/702.

B. There was no agreement between the Plaintiff and the Defendants on the method of dividing the land of this case until the closing of pleadings of this case, and there was no separate agreement on the use of the land of this case, but there was no special agreement on not dividing the land of this case.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, a co-owner of the instant land, may claim a partition of the instant land against the Defendant, who is another co-owner.

(b) Division of the jointly-owned property by trial shall be, in principle, by the method of spot installment or by the method of spot installment, impossible or possible in kind;

Even if there is a concern that the price will be reduced remarkably due to it, the auction of the article jointly owned shall be ordered, and the price shall be divided by the method of installments.

"The price is significantly reduced due to the spot division" includes not only cases where the exchange value of the article jointly owned is significantly reduced due to the spot division but also cases where the value of the part to be owned by the owner solely due to the spot division is significantly reduced compared to the share value of the article jointly owned before the division, even if it is not fair division to co-owners.

Therefore, even though it is formally possible to divide in kind.

Even if a co-owner's location, area and surrounding roads, use value, price, proportion of the co-owner's ownership, and the current status of use and profit-making of the co-owner can not be achieved by fair division according to the ratio of ownership of each co-owner.

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