beta
(영문) 서울중앙지방법원 2018.08.17 2017가단5079437

공유물분할

Text

1. The land listed in the separate sheet of land and shares will be put to an auction and the proceeds will be deducted from the auction cost;

Reasons

1. The land listed in the separate sheet of land and shares (hereinafter “instant land”) is an underground site where there is no dispute between the parties to the judgment as to the cause of the claim, or when comprehensively taking account of the purport of the entire pleadings as to the entries in the evidence Nos. 1 through 3, the land listed in the separate sheet of land and shares (hereinafter “instant land”) is owned by the Plaintiffs and the Defendants in the same list of shares, and there was no special agreement between the co-owners regarding the said land not divided,

Therefore, the land of this case shall be divided according to the plaintiffs' share ratio, and in consideration of all the circumstances shown in the proceedings of this case such as the location and size of the land of this case, utilization status, relationship between co-owners and co-owners, and the situation of co-ownership, it is reasonable to resolve the co-ownership relationship in a way that the plaintiffs, the Defendants, and the co-ownership is distributed according to their respective shares of shares, in consideration of the location and size of the land of this case and the price of this case and the amount calculated by deducting the auction cost from the proceeds of this case.

2. In conclusion, the land of this case is reasonable to be divided according to the auction division method, and it is so decided as per Disposition.