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(영문) 서울중앙지방법원 2015.10.07 2014가단5338913

공유물분할

Text

1. The plaintiff shall sell the C forest land 992m2 in Chuncheon to an auction and deduct the auction expenses from the price.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 3, and 4, the plaintiff and the defendants owned the real estate stated in the order at the ratio of the shares indicated in the order, and the agreement on the method of dividing the real estate was not reached.

In light of the location and area of the above real estate, the utilization status, the use value after the division, the statutory restrictions on partition, the relationship between co-owners and the status of co-ownership share, etc., which can be known by the aforementioned evidence and the purport of the whole pleadings, the above real estate may not be divided in kind or may be reduced remarkably due to the division.

Therefore, it is reasonable to divide the property jointly owned by means of distributing the remaining amount after deducting the auction cost from the price of the above real estate sold by auction in accordance with the share ratio of co-owners. Therefore, it is so decided as per Disposition.