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(영문) 춘천지방법원 2021.03.30 2020가단54575

공유물분할

Text

Attached Form

The land indicated in the real estate list is attached to the auction and the auction cost is deducted from the sale price.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in each entry in Gap 2-1-3, the plaintiff and the defendants owned each share in the land listed in the separate sheet of real estate (hereinafter "each of the land of this case") in the separate sheet of real estate. The plaintiff and the defendants did not reach an agreement on the method of dividing each of the land of this case by the closing date of pleadings of this case.

2. Determination:

A. The Plaintiff asserted the division of auction because it is not possible for the Plaintiff to have a large number of co-owners and make it difficult for the parties to communicate with each other. Defendant I made access roads and claimed that the division is defective, and the remaining Defendants do not express any opinion on the method of division.

B. The above facts and the statements in Gap 1, 2-1 and 3 comprehensively considered the following circumstances, namely, the location, shape, use, and current status of each of the lands of this case, and the degree of shares of defendant I, claiming partial spot subdivision, etc., the Plaintiff and the defendant I’s assertion that each of the lands of this case is difficult or inappropriate to divide each of the lands of this case in kind.

I seem to appear.

Therefore, it is reasonable to allocate the remaining amount after deducting the auction cost from each of the lands of this case to the plaintiff and the defendants according to the share ratio of the pertinent public land.

3. citing the Plaintiff’s claim.