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(영문) 인천지방법원 2017.11.01 2016가단30745

공유물분할

Text

1. The remaining amount of the land listed in the separate sheet 1 which is put to an auction and the auction cost is deducted from the price;

Reasons

1. Each land listed in the separate sheet No. 1 list is jointly owned by the Plaintiff and the Defendants in proportion to their co-ownership shares listed in the separate sheet No. 2 list. The agreement on division between the Plaintiff and the Defendants was not concluded

Therefore, the Plaintiff may seek a partition of co-owned property against the Defendants pursuant to Article 269(1) of the Civil Act.

2. Co-owners of each of the above lands, as the method of partition of co-owned property reaches nine persons, and Defendant H is proceeding by public notice, and it is difficult for the Plaintiff and the Defendants to reach any agreement on the method of dividing each of the above real estate in kind, and Defendant B and F consented to auction division. The other Defendants agreed to the auction division. In light of all circumstances, such as the size of each of the above lands, utilization situation, use value after the partition, etc., each of the above lands constitutes a case where it is difficult or inappropriate to divide in kind.

Therefore, it is reasonable to divide the above land into the method of payment by auction.

3. According to the conclusion, each of the above lands is put to an auction and the amount remaining after deducting the auction cost from the price is distributed to the plaintiff and the defendants in proportion to their co-ownership shares.