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(영문) 수원지방법원여주지원 2015.10.30 2014가단34180
공유물분할
Text

1. The real estate indicated in the annexed real estate shall be put to an auction and the proceeds therefrom shall be deducted from the auction cost;

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 5, the Plaintiff, Defendant B’s attorney-at-law, and Defendants, as well as the land and buildings indicated in the annexed real estate (hereinafter “instant real estate”) are jointly owned by the Plaintiff 4/13, Defendant B’s attorney-at-law, and 6/13 (the deceased’s share was inherited from the deceased after the deceased’s death), and each of the Defendants is jointly owned by the share of 1/13. The Plaintiff, Defendant B’s attorney-at-law, and the Defendants did not reach an agreement on the method of division of the jointly owned property until now. As such, the Plaintiff may file a claim for division of the jointly owned property pursuant to Articles 268 and 269 of the Civil Act against the Defendants, who are the parties to the lawsuit of the Plaintiff, and the Defendants.

2. As a matter of principle, dividing the jointly-owned property by a method of partition may be divided in kind, or as a matter of principle, if it is impossible to divide it in kind or if the value thereof is likely to be reduced remarkably if it is divided in kind, an auction may be ordered to pay it in kind;

In this case, according to the above evidence, the real estate in this case is the building and its site, and according to the building ledger, the above above ground building seems inappropriate to be owned by several persons, the consultation on the division of the above real estate has not been reached between the parties, and if the real estate is divided in kind, the economic value may decline. Therefore, it is appropriate to divide the price through auction.

Therefore, it is so decided as per Disposition by ordering the plaintiff, defendant B, the party to the lawsuit of the plaintiff, and the defendants to distribute the remaining amount after deducting the auction cost from the price by selling the land at auction.

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