beta
(영문) 광주지방법원목포지원 2015.10.23 2015가단50147

공유물분할

Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling 4,00 square meters for the rice paddy-gun, Jeonnam-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants share 331/400 shares in the real estate stated in the Disposition No. 1, 1024/400 shares in Defendant B, 331/400 shares in Defendant C, 92/400 shares in Defendant D’s 992/400 shares, and 132/400 shares in the real estate stated in the Disposition No. 1.

B. There was no special agreement prohibiting partition of co-owned property between the Plaintiff and the Defendants, but no agreement was reached.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the premise for the partition of co-owned property as to the real estate as stated in the Disposition Paragraph (1) is recognized to have been fully satisfied, and it is deemed that it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, situation of use, and use value after the division, etc. of the co-owned property. Thus, real estate shall

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.