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(영문) 춘천지방법원 2019.10.30 2019가단52252
공유물분할
Text

1. The amount remaining after deducting the expenses for the auction from the proceeds of the auction attached to the real estate listed in the attached list 1 for the auction;

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendants completed the registration of ownership transfer with the same ratio as the attached Form 2 with respect to the real estate stated in the attached Table 1 list, and jointly own the above real estate.

B. Of the real estate listed in the attached Table 1 list, the land use status of 4,076 square meters in Gangwon-do and 783 square meters in the preceding E is blind, and each of the above real estate is dismissed, such as the existence of a grave.

C. The Plaintiffs and the Defendants did not reach an agreement on the method of dividing each of the above real estate, and the Plaintiffs filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of recognition, the plaintiffs and the defendants shared the real estate listed in the separate sheet No. 1 and did not reach an agreement on the method of partition, so this court shall order co-owned property partition.

Among the real estate listed in the attached Table 1 list, it is difficult to divide the use value of all the land in kind with a 783 square meters and 212 square meters in the case of a 783 square meters and a F 212 square meters in kind, among the real estate listed in the attached Table 1 list, in which the method of partition is divided, the plaintiffs own 1/6 shares, respectively. However, it is difficult to find the method of spot-sale in consideration of the fact that it is impossible to divide the land in kind because the ownership area of each share of the plaintiffs is too small if it is divided in kind.

Therefore, this Court determines that it is reasonable to order the plaintiff and the defendants to divide the common property in the way that the plaintiff and the defendants distribute the amount remaining after deducting the auction cost from the auction price by attaching the real property listed in the separate sheet No. 1 to the auction price as a result of the hearing.

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