(영문) 창원지방법원 마산지원 2018.11.07 2016가단10738

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(영문) 창원지방법원 마산지원 2018.11.07 2016가단10738

공유물분할

Text

1. The sales price shall be the remainder after deducting the expenses for the auction from the sales price, which is put up for auction the X-71m2 in Changwon-si, Changwon-si.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 and 6, as to the co-ownership share of each of the plaintiffs and the defendants as to X-71 square meters in Changwon-si, Changwon-si (hereinafter "the land in this case"). Y/Z, for which 1/13 shares have been made as to the land in this case, the deceased, and as to the deceased, the defendant M, N,O, P, Q (YY) and the defendant R, S, T, T, U, V, W ( network Y), as recorded in the heir column in the separate sheet of share.

It is recognized that there was no partition agreement between the Plaintiff and the Defendants on the instant land.

Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiffs, co-owners of the instant land, may file a claim for the partition of the instant land against the Defendants, other co-owners.

2. The partition of co-owned property by one trial on the method of partition of co-owned property shall be, in principle, made in kind or in kind, impossible or in form;

Even if the price of the article jointly owned is likely to be reduced remarkably due to it, the auction of the article jointly owned pursuant to Article 269(2) of the Civil Code shall be made by the so-called method of division of the price. The price of the article substantially reduced due to the in-kind division shall not only be the case where the exchange value of the whole article jointly owned is significantly reduced due to the in-kind division, but also the case where the value of the part to be owned by the owner by the in-kind division would be significantly reduced compared to the share value of the co-owner's co-owned property even if the co-owner is not divided in kind.

In addition, the location, area, surrounding road conditions, use value, price, shares of each co-owner, and the current status of use and profit-making of the co-owner.

참조조문

-민법 제269조 제1항

-민법 제269조 제2항

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