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(영문) 창원지방법원 2019.06.11 2019가단101871
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. The plaintiffs and the defendants share each real estate listed in the separate sheet.

Each share of the plaintiffs and the defendants shall be as follows:

(Plaintiff A6/9, Plaintiff B, Defendant C, and Defendant D 1/9) 【No dispute over grounds for recognition】, each entry in the evidence Nos. 1 through 8, and the purport of the whole pleadings.

2. Co-owners who have created the right to claim partition of co-owned property may claim a partition of the co-owned property (main sentence of Article 268 (1) of the Civil Act), and if the consultation as to the method of partition of the co-owned property has not been reached, co-owners may request a court for partition, and if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such partition, the court may order

(Article 269 of the Civil Act) Pursuant to Article 269 of the Civil Act, the Plaintiffs, co-owners, may request the Defendants, other co-owners, to divide each real estate listed

3. Co-owned property partition method 1) In principle, partition of co-owned property based on the relevant legal doctrine shall be conducted in kind as far as it is possible to make a rational partition according to each co-owner's share. However, even if it is impossible or possible in kind, if the price might be reduced remarkably, the so-called price division shall be made by ordering the auction of the co-owned property and by dividing the price. In payment division, the requirement does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, commercial value after the division, etc. of the co-owned property, in view of the purport of each of subparagraphs 1 through 8 and each of the following items in this case as to the judgment in this case (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 193; 2002Da4580, Apr. 12, 2002).

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