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(영문) 수원지방법원 2019.11.20 2019가단527469

공유물분할

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1. The remaining amount after deducting the expenses for the auction from the proceeds of sale by selling the real estate listed in the annex 2 list;

Reasons

The Plaintiff (Appointed Party, hereinafter referred to as the “Plaintiff”), the designated parties, and the Defendants shared each real estate listed in the separate sheet No. 2 list (hereinafter referred to as “each of the instant land”) at the respective shares listed in the separate sheet No. 3’s co-ownership, and among them, there was no consultation on each of the instant land partition methods.

(A) Each land of this case is limited to the minimum divided area under the Farmland Act, so it is not possible to divide it in kind according to the co-ownership shares (the result of fact inquiry into the chemical market of this court) and it is difficult to divide it into purchase of the other party's shares and payment for the price due to conflicts of interest between each party and it is the most equitable and reasonable way to divide the price into money in kind.

The plaintiff's claim is reasonable, and the costs of the lawsuit are borne by each party according to equity, and provisional execution is not attached by nature of the claim.

참조조문