beta
(영문) 광주지방법원 2017.05.16 2016가단520541

공유물분할

Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the 14,975 square meters of the I forest in Gwangju Northern-gu to auction.

Reasons

1. Determination as to the cause of claim

A. According to the purport of each statement and pleading No. 1 to No. 5 of the claim against Defendant E and H, real estate indicated in the order is jointly owned by the Plaintiff and the Defendants in their respective shares in the corresponding part in the ratio of shares in attached Form No. 2. The agreement on the method of division was not reached, and it is recognized that it is impossible to divide the real estate in kind in kind or the value of the real estate is significantly decreased due to the division in light of the location and size of the real estate as well as the utilization status, the value of the land after division, the relationship between the co-owners, and the status of co-ownership. Therefore, the co-ownership of the real estate at auction and the sale price after deducting the auction cost from the sale price shall be resolved by distributing the remaining

B. Indication of claim 1) Claim against the remaining Defendants: as indicated in the grounds of claim in the attached Form 2), by deeming confession (Article 208(3)2 of the Civil Procedure Act)

2. Thus, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the costs of lawsuit are assessed against each party in consideration of the characteristics of the partition of co-owned property. It is so decided as per Disposition.