(영문) 수원지방법원 2018.11.29 2018가단516769

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(영문) 수원지방법원 2018.11.29 2018가단516769

공유물분할

Text

1. Each real estate listed in the separate sheet shall be put to an auction, and the proceeds of the auction shall be deducted from the proceeds of the sale;

Reasons

1. Facts of recognition;

A. Each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) is limited to the Defendant, i.e., the Appointed J 3/21 shares, Defendant Appointed, and hereinafter “Defendant”).

(B) Of the lands in this case, K’s 2/21 shares were sold to Defendant C through compulsory auction, and L’s 2/21 shares were sold to the Plaintiff as a public auction procedure. Accordingly, each of the lands in this case is currently owned by the Plaintiff, the Defendants, and the designated parties. (c) The Plaintiff, the Defendants, and the designated parties did not reach an agreement on partition of co-owned property by the date of closing argument in this case. [In the absence of grounds for recognition, the entry of evidence No. 1, and the purport of the entire pleadings].

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of each of the lands of this case, can file a claim for partition of each of the lands of this case against the Defendants, other co-owners, and the designated parties, who are co-owners.

B. As to the method of partition of co-owned property, the Plaintiff asserted that the auction division, such as the purport of the claim, and Defendant B and the designated parties oppose the auction division, and that they transfer or purchase the Plaintiff’s share, which is part of Defendant B’s share, to the Plaintiff.

In principle, the articles jointly owned shall be divided in kind, but the court may order the auction of the articles if it is impossible to divide them in kind or if the value thereof is likely to decrease remarkably in kind due to the division.

(See Article 269(2) of the Civil Act. Here, the requirement that “it shall not be divided in kind” does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, circumstances of use, value of use after the division, etc. of the article jointly owned, in light of the nature, location, area

If it is divided in kind, it is remarkably possible to divide.

참조조문

-민법 제269조 제2항

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