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(영문) 창원지방법원통영지원 2020.07.22 2020가단10243
공유물분할
Text

1. The remaining amount after deducting the expenses for auction from the proceeds of each real estate listed in the separate sheet sold to an auction;

Reasons

1. In fact, the Plaintiff and the Defendants each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) are jointly purchased at the auction procedure for F real estate auction with the Changwon District Court through the Changwon District Court, and are paid the price by obtaining a decision to permit the sale, and each of them holds 1/5 shares.

There was no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant real estate.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition, the Plaintiff, a co-owner of each real estate of this case, and the Defendants did not reach agreement on the method of partition. As such, the Plaintiff, a co-owner of each real estate of this case, may file a claim against the other co-owners for the partition of each real estate of this case pursuant to Article 269(1) of the

B. The method of partition of co-owned property can be divided in kind in principle, or if it is impossible to divide in kind in kind or if it is possible to divide in kind the value thereof, the court may order the auction sale of the co-owned property if the value thereof might be reduced (Article 269(2) of the Civil Act). The plaintiff is seeking auction or division of each real property of this case, and the defendants do not raise any objection thereto. Each real property of this case is the land and its own land, and it is difficult to divide in kind reflecting the interests of the plaintiff and the defendants, and there is no specific plan as to the in-kind division of each real property of this case. Thus, it is reasonable to deem that each real property of this case constitutes a case where it is difficult or inappropriate to divide in kind. Accordingly, each real property of this case constitutes a case where it is difficult or inappropriate to divide in kind, and the remaining amount after deducting the auction expenses from the proceeds thereof is deducted from the auction sale of each

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