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(영문) 춘천지방법원 2019.05.28 2018가단60010
공유물분할
Text

1. The plaintiff shall sell the E Forest land of 15,669 square meters in Chuncheon to an auction, and the remainder after subtracting the auction cost from the price.

Reasons

The Plaintiff and Defendant C share 7,669/31,338 shares, Defendant B’s share 15,338 shares, and Defendant D shares 662/31,338 shares, respectively.

(A) The Plaintiff, a co-owner of the instant land, may claim a partition of the instant land against the Defendants, who are other co-owners, pursuant to Article 268(1) of the Civil Act.

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

In full view of the following circumstances, Gap 1, 2, and 3 evidence and the purport of the entire pleadings, namely, the plaintiff filed a lawsuit of this case by demanding the division of the land of this case by means of distributing the proceeds from sale through auction; the plaintiff does not consent to the method of spot distribution presented by defendant Eul; the defendant D did not appear on the date of pleading without submitting a written response; and the defendant D did not present any opinion on the method of dividing the land of this case; and the area, location, use status, use value after the division, market value, etc. of the land of this case is difficult or inappropriate to divide the land of this case in kind, and it is reasonable to divide the land of this case by means of price division.

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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