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(영문) 서울북부지방법원 2020.07.16 2019가단156042
공유물분할
Text

1. The land listed in paragraph 1 of the attached list shall be put to an auction and the remainder after deducting the auction cost from the price;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) according to their respective share ratios listed in the corresponding column of paragraph (2) of the same Table.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land until now.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Co-owners who have created the right to claim partition of co-owned property may file a claim for partition of the co-owned property (main sentence of Article 268 (1) of the Civil Act). If the consultation on the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court; if it is impossible to divide it in kind or the value thereof is likely to decrease remarkably due to such

(Article 269 of the Civil Act). According to the above facts, the Plaintiff, a co-owner of the instant land, can file a claim against the Defendants, who are other co-owners, for the partition of the instant land pursuant to the main sentence of Article 268(1) and Article 269 of the Civil Act.

3. Where an article jointly owned is divided by a trial on the method of subdivision of the article jointly owned, if it is impossible to divide the article in kind or if the value thereof is likely to be significantly reduced, an auction of the article may be ordered, and the requirement of “undivided in kind” includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use status, value of use after the division, etc. of the article jointly owned, and the requirement of “undivided in kind” is not physically strict interpretation.

(See Supreme Court Decision 2009Da40219, 40225 Decided September 10, 2009, etc.). In light of the above legal principles, the following circumstances, i.e., Defendant E, F, and G, which can be acknowledged by comprehensively taking account of the overall purport of the pleadings, are served with a duplicate of the complaint of this case.

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