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(영문) 의정부지방법원 2021.02.16 2019가단10460
공유물분할 청구의 소
Text

The E- 7141 square meters of forest land in Namyang-si shall be put to an auction and the remainder after deducting the auction expenses from the proceeds.

Reasons

1. The Plaintiff (Appointed Party) and the appointed parties F, and the Defendants shared the land set forth in paragraph 1 of the Disposition No. 1 (hereinafter “instant land”) at the ratio set forth in Paragraph 1 of this Article, and there was no partition agreement between the parties.

Meanwhile, considering the land category of the instant land, the number of co-owners, and the size of the divided land in the case of partitioning out according to each co-owner’s share of public land, the instant land appears not to be appropriate for dividing in kind, and there is no opinion opposing all the parties to the method of dividing in kind. Therefore, it is reasonable to divide the instant land by auction.

2. In conclusion, the land of this case is to be divided by auction division, and it is so decided as per Disposition.

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