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(영문) 춘천지방법원 2019.08.27 2018가단5044
공유물분할
Text

1. The amount remaining after the amount of 26,214 square meters of the forest land H is put to an auction and the auction cost is deducted from the price.

Reasons

The Plaintiff, Defendant B, C, D, and F share 2/15 shares in each of the 2/15 shares and Defendant E-5/15 shares of the Plaintiff, Defendant B, C, D, and F. The Plaintiff demanded the Defendants to divide the instant land, but no agreement was reached between the Plaintiff and the Defendants regarding the method of division until the date on which the instant pleadings are concluded.

(C) The Plaintiff, a co-owner of the instant land, and the Defendants, did not reach an agreement on the method of land partition. As such, the Plaintiff may file a judicial claim against the Defendants for the land partition pursuant to Article 269(1) of the Civil Act.

We examine the method of partition of co-owned property.

In full view of the following circumstances that can be recognized by comprehensively taking into account the aforementioned facts and the purport of the entire pleadings, the Plaintiff filed the instant lawsuit by demanding the division of the land in kind, such as the purport of the claim, but the Defendants wished to divide the land of this case by means of selling the proceeds by auction without consent to the method of in-kind division as presented by the Plaintiff, and considering all the circumstances, such as the size, location, use status, use value after the division, market value, etc. of the land of this case, it is difficult or inappropriate to divide the land of this case in kind in kind, and it is reasonable to divide it by means of payment

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for auction and deducted from the auction cost, shall be distributed to the plaintiff and the defendants

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