(영문) 부산지방법원 2019.02.12 2018가단5436

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.02.12 2018가단5436

공유물분할

Text

1. The sale price of each of the real estate listed in the separate sheet No. 1, which remains after deducting the expenses of the auction from the sale price.

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”), the Plaintiff is registered as co-ownership of 36/48 shares, and the Defendants are registered as co-ownership of shares in the separate sheet No. 2.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing each of the instant real estate until the closing date of the argument.

[Reasons for Recognition] Each entry, 2, and 3 of evidence A1 and 2, and the purport of the whole pleadings

2. According to the facts acknowledged above, the plaintiff and the defendants shared each real estate of this case in the proportion indicated in the co-ownership shares stated in the separate sheet No. 2, and it can be recognized that there was no agreement on partition of real estate of this case until now. Thus, the plaintiff, co-owner, may file a co-owned claim against the defendants for co-owned property partition of each real estate of this case pursuant to Articles 268 and

3. Method of partition of co-owned property;

A. The relevant legal principles share one ownership of an article is divided in the form of the joint ownership of the article and belongs to several persons. Each co-owner shall have a unilateral right to abolish the existing co-ownership relationship by filing a claim for partition of the article jointly owned and to realize the legal relationship for distributing the article among the co-owners (the freedom of division of the article jointly owned), and in the case of division of the article jointly owned, the method may be chosen at will if agreement between the parties is reached, but in the case of division of the article jointly owned by judgment because agreement is not reached, the court shall divide the article in kind in principle. If it is impossible to divide the article in kind or if it is difficult to divide the article in kind or if it is anticipated that the value will be significantly reduced, the court may order

The partition of co-owned property by judgment shall be made in a reasonable manner according to the share of each co-owner.

참조조문

-민법 제268조

-민법 제269조

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