(영문) 대구지방법원 서부지원 2018.06.20 2016가단62365

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(영문) 대구지방법원 서부지원 2018.06.20 2016가단62365

공유물분할

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1.(Attachment 1) The real estate listed in the list shall be sold by auction and the proceeds thereof shall be deducted from the auction cost.

Reasons

1. Facts of recognition;

A. On September 23, 2013, the deceased E (hereinafter “the deceased”) owned real estate listed in the list (attached Form 1) (hereinafter “instant apartment”).

B. The Plaintiffs and the Defendants were co-inheritorss of the Deceased’s children, and filed a claim against the Defendants for the instant judgment seeking a division of inherited property under the Daegu Family Court No. 2014D1001, and Defendant C filed a claim against the Plaintiffs for a counter-adjudication seeking the contributory portion as the same court No. 2014D1005.

The above judgment of the court and the defendants decided to divide the deceased's inherited property according to their respective shares in the list (attached Form 2), and the decision to divide the above inherited property became final and conclusive as the appeal filing.

C. The plaintiffs and the defendants share the apartment of this case, which is inherited property, in accordance with the above decision of division of inherited property, in proportion to each share listed in the list, and the defendant C is residing in the apartment of this case from September 23, 2013 to September 23, 2013 when the deceased died.

There is no agreement on the method of dividing the apartment of this case, which is jointly owned by the plaintiffs and the defendants, until now.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. Judgment as to the claim for partition of co-owned property

A. According to the above acknowledged facts, the plaintiffs, co-owners of the apartment of this case, and the defendants did not reach an agreement on the method of partition. Thus, the plaintiffs can file a claim for the partition of co-owned property against the defendants, who are other co-owners pursuant to Article 268(1) of the Civil Code.

B. In principle, partition of co-owned property based on a judgment on the method of partition of co-owned property shall be made in kind as long as a rational partition can be made according to the share of each co-owner, or it may not be divided in kind with the co-owner, or its value may be reduced remarkably due to

참조조문

-민법 제268조 제1항

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