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(영문) 대전지방법원서산지원 2019.10.29 2018가단5494

공유물분할

Text

1. The remainder of the amount calculated by deducting the expenses from the proceeds of the sale by selling the forest of 4,026 square meters which is located in the Republic of Korea, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including a serial number) as to the cause of the claim, the plaintiff, defendant Eul, and Eul own 1/3 shares of 1,026 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, as stated in the Disposition No. 1 (hereinafter "the land in this case"). However, as D dies, the remaining defendants except the defendant Eul inherited, and the defendant Eul, E, E,F, G, H, and I shared shares of 11/231 shares, 3/231 shares, 3/231 shares, 2/231 shares, 3/31 shares, 3/3, L, M, and N, the land in this case cannot be divided in kind because the defendants actually have any opinion on the auction division of the land in this case. Thus, it is reasonable to divide the land in this case into the auction sale method.

2. The conclusion is, therefore, that the land of this case jointly owned by the plaintiff and the defendants should be sold at auction and the remaining money after deducting expenses from the proceeds of the sale should be distributed according to the share ratio of the plaintiff and the defendants.