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(영문) 대전지방법원 공주지원 2018.05.03 2018가단69

공유물분할

Text

1. The remainder of D Forest land 96,019 square meters, which is sold to an auction and the auction cost is deducted from the proceeds of the sale.

Reasons

According to the purport of Gap evidence Nos. 1, 2, and 3 and the entire pleadings, the plaintiff and the defendants share the area of 96,019 square meters of woodland D (hereinafter "the real estate in this case") in Gongju-si, respectively, in 1/3 equity ratio, and the plaintiff and the defendants did not reach an agreement on subdivision of the real estate in this case and did not exist.

According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim the division of the said real estate against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.

Furthermore, in full view of all the circumstances acknowledged by the overall purport of arguments, including the Defendants’ failure to comply with the Plaintiff’s request for partition, and the failure to appear on the date of pleading while receiving a written complaint of this case claiming auction partition, etc., the real estate of this case constitutes a case where it is difficult or inappropriate to divide the real estate in kind.

Therefore, pursuant to Article 269 (2) of the Civil Code, it is reasonable to distribute the remaining amount after deducting the auction cost from the sale price by selling the real estate at an auction to the original defendant's share.

Therefore, it is decided as per Disposition by dividing the instant real estate through an auction.