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(영문) 대전지방법원 2017.09.22 2016가단228052
공유물분할
Text

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

Reasons

1. The facts of recognition are that the plaintiff and the defendants share each of the real estate listed in the separate sheet (hereinafter referred to as "the real estate of this case") in 1/6 shares, and the agreement on the method of partition was not concluded between the plaintiff and the defendants, and the fact that there is no special agreement on the prohibition of partition on the real estate of this case does not exist between the parties, or that there is no dispute between the parties, or that it is recognized by considering the whole purport of the pleadings as a whole.

2. Determination

A. According to the above facts of recognition, the Plaintiff, as co-owners of the real estate of this case, may request the other co-owners to divide the real estate of this case.

B. Furthermore, with respect to the method of the division of the common property, the method of the division of the common property in general by the trial is the principle of the division in kind, and if it is impossible to divide the common property in kind or if the value of the common property might be significantly decreased if the division in kind is made in kind, an auction may be ordered to divide the property. In the payment in kind, the term "where it is impossible to divide the common property in kind" includes cases where it is difficult or inappropriate to divide the common property in kind in light of the nature, location, area, use status, and the use value after the division, etc. of the common property, not physically strict interpretation.

B, C, D, and F do not express any opinion on the claim for the payment of the price of the instant real estate. In the case of Defendant E, it is difficult to proceed with consultation by means of division due to the progress of litigation proceedings by service by public notice. Among the instant real estate, the provisional seizure registration of the creditor E’s share of the Defendant E is completed, the provisional seizure registration of the creditor’s credit guarantee fund, the right-holder’s country, and the seizure registration of the said share of the Plaintiff and the Defendants is completed, taking into account all the circumstances indicated in the instant pleadings, such as the developments leading to the acquisition of the instant real estate share, the land category and current status of the instant real estate.

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