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(영문) 부산지방법원동부지원 2020.11.12 2019가단11335
공유물분할
Text

Attached Form

The real estate stated in the list shall be put to an auction and the remainder after deducting the auction cost from the price.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. In full view of the purport of the entire pleadings in Gap evidence No. 1, the real estate listed in the separate sheet (hereinafter "land of this case") is jointly owned by the plaintiff and the defendants in proportion to their shares as stated in the separate sheet No. 1, and it can be acknowledged that the plaintiff and the defendants did not reach agreement on the method of partition of the land of this case until the conclusion of the pleadings of this case. Thus, the plaintiff, co-owner of the land of this case, who is the co-owner of the

2. The partition of co-owned property, based on the decision on the method of partition of co-owned property, shall be made by the method of in-kind partition, in principle, insofar as it is possible to make a rational partition according to the shares of each co-owner. However, even if it is impossible in kind or if the price might be reduced remarkably as a result, the auction of the co-owned property shall be ordered, and if it is possible in form, the price shall not be divided in kind, but it shall not be physically strict interpretation, and it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, use value, etc. of the co-owned property in light of the nature, location, and use value after the

I would like to say.

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002, etc.). In this case, comprehensively taking account of the following circumstances, it is difficult or inappropriate to divide the land of this case into account: (a) to define the boundary of partition or to reduce the value of the divided land in kind due to the shape of the divided land, the land of this case is auction where it is difficult or inappropriate to divide the land in kind.

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