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(영문) 수원지방법원 2020.01.31 2019가단534443

공유물분할

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1. The Plaintiff and the Plaintiff with the remainder of 93m2 in order to sell 7m2 at an auction at Osan-si and deducting the auction cost from the proceeds.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared at each share ratio listed in the shares distribution table in the attached Form [Attachment] of the G large 93 square meters (hereinafter “instant land”) in Osan-si.

B. There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land until the closing date of the argument, and there was no special agreement on the use of the instant land, or there was no special agreement on the non-division of the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, a co-owner of the instant land, may request the Defendants, who are other co-owners, to divide the instant land.

B. Furthermore, comprehensively taking account of the following circumstances as to the method of partition as to the method of partition of co-owned property, Gap evidence No. 1 and the purport of the entire pleadings, the method of partition in kind constitutes a case where it is difficult or inappropriate for co-owners to fairly divide the land of this case while maintaining the utility value of the land of this case. Thus, the method of selling the land of this case at auction and at an objective and justifiable price, and then distributing the remainder after deducting auction expenses from the price, to the plaintiffs and the defendant, who are co-owners, according to their own

1) In the instant lawsuit, only the Plaintiff and Defendant B and D did not appear, and the remaining Defendants did not appear on the date of conciliation referred to this court, and there was no agreement as to the partition of co-owned property by the Defendants. 2) On the ground of the instant land, the building of 43 square meters of Jinsan City’s ground bluor and sap single-story house (hereinafter “instant building”) was constructed.

Although registration of preservation of ownership has been completed on the instant building in the future of Nonparty H, it is finalized.