On 02/12/2021, at the Single-Member Court of First Instance of Thessaloniki, was discussed a case of our office’s client, who requested the distribution of a joint property, an apartment, in which our client has an undivided 50% ownership percentage and he wishes to sell the apartment. The owner of the remaining 50% of the disputed apartment, however, refused to cooperate in any way in the out-of-court solution, and so our office filed the property distribution lawsuit by auction. The court satisfied our client’s requests, ordered the sale of the apartment by public auction so that each of the co-owners would receive from the auction the amount corresponding to their percentage of co-ownership in it. The court ruled that the property is not amenable to distribution as such and cannot be divided into two separate and independent apartments without reducing the value of the property due to its layout, but also due to the unprofitable cost of such a division. In addition, this division is also legally impossible due to a contrary provision in the Regulation of the apartment building. The court also rejected the objections of the opposition regarding the impossibility of distribution due to the existence of urban planning violations and regarding the abuse of the right.
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Interview of G.Gkourovanidi
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