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(영문) 인천지방법원 2020.02.18 2018가단269677
공유물분할
Text

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

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the appointed party E, F, G, and Defendant B are co-owned share holders who completed share transfer registration on December 7, 2018 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on December 7, 2018, on November 26, 2018.

B. The instant real estate shares 45/40 shares, Selection E, F, and G, 24/400 shares, 3/400 shares, 3/400 shares, 160/40 shares, and 120/40 shares, respectively, by Defendant C.

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

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff and the designated parties, co-owners of the instant real estate, may request the Defendants to divide the instant real estate.

Furthermore, as to the method of partition of co-owned property, in general, the method of partition in kind is the principle of partition in kind, and if it is impossible to divide in kind in kind or if it is apprehended that the value might be reduced remarkably, an auction can be ordered.

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.

Each of the above evidences and evidence Nos. 3, Gap evidence Nos. 4-1, 2, and Gap evidence Nos. 6-8, and this court's commission of appraisal to the branch offices of the Korea Land Information Corporation, and the purport of the whole arguments as a whole, shall be considered as follows. In other words, where the real estate of this case is divided into money in kind, some co-owners shall divide the real estate of this case into money.

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