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(영문) 광주지방법원목포지원 2017.08.24 2017가단1729

공유물분할

Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the forest E in Yong-gun, Jeonnam-gun to auction; and

Reasons

1. Facts of recognition;

A. The plaintiff and the defendants share the real estate stated in Paragraph (1) of this Article in the same share as that stated in Paragraph (1) of this Article.

B. There is no special agreement prohibiting partition of co-owned property between the Plaintiff and the Defendants, but no agreement has been reached among the above co-owners.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is recognized that the requisites for the claim for partition of co-owned property as to the real estate as stated in the Disposition Paragraph (1) of this Article were fully satisfied, and the plaintiff and defendant D are deemed to fall under cases where it is difficult or inappropriate to divide in kind in light of the fact that they want auction division, the nature, location and size of the co-owned property, the situation of use, and the use value after the division

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