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(영문) 광주지방법원 2016.12.27 2015가단52867
공유물분할
Text

1. Attached Form;

1. The remaining amount of each stated real estate sold at auction after deducting the auction expenses from the proceeds of sale; and

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in Gap evidence No. 1, No. 2-1, and No. 2, the whole purport of the pleadings.

The Plaintiff and the Defendants present attached Form

1. Attached Form 1 of each of the real estate recorded (hereinafter “instant real estate”);

2. Co-ownership and co-ownership of shares as stated in each co-ownership share.

Attached Form

1. Serial;

2. On February 10, 1995, the netJ’s shares in the stated real estate inherited the shares by Defendant C, F, G, and H as the J died.

B. There is no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate, which is public property, until the closing date of the instant argument.

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may request the Defendants to divide the instant real estate, which is jointly owned.

B. Furthermore, with respect to the method of partition of the common property, the method of partition of the common property is the principle of partition in kind, and if it is impossible to divide the common property in kind or if it is likely that the value will be reduced remarkably if it is not possible to divide it in kind, an auction may be ordered to divide the common property in kind.

In addition, "where it is not possible to divide it in kind" in the payment division shall not be interpreted physically strictly, but shall include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use situation, use value after the division, etc. of the article jointly owned.

In light of the following circumstances, which can be seen by comprehensively taking account of the evidence and the purport of the entire pleadings, i.e., (i) part of the instant real estate is a building; (ii) the Plaintiff and the Defendants owned co-ownership shares with respect to the instant real estate; and (iii) the Defendants did not answer with respect to the Plaintiff’s claim for payment of the price.

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