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(영문) 수원지방법원안산지원 2020.05.13 2018가단59673
공유물분할
Text

1. The remainder that is a 1,602 square meters of the members of Ansan-si shall be put to an auction and the auction expenses shall be deducted from the proceeds thereof.

Reasons

1. The Plaintiff shares 698/1602 square meters (hereinafter “instant land”) of H miscellaneous land in Ansan-si, Sinsan-si, Sinsan-si, in proportion to 180/1602 of the Plaintiff, Defendant B, Defendant C, D, and F, respectively.

[Ground of recognition] Facts without dispute, Gap 1, the purport of the whole argument

2. Determination

A. According to the above facts of recognition, the plaintiff can file a claim against the defendants for partition of co-owned property on the land of this case, which is jointly owned by co-ownership.

B. Until the date of the conclusion of the pleadings of the instant case, in full view of the following: (a) one party did not reach an agreement on the method of dividing the land of this case; (b) one party did not reach an agreement on the purchase price for the purchase of the other party’s shares; and (c) the right to collateral security is established for the share of the Plaintiff and Defendant B, it is difficult to divide the land in kind by the spot or

Therefore, it is reasonable to divide the remaining amount of the land of this case, which was put up for auction and deducted the auction cost from the price, into the method of distributing to the plaintiff and the defendants according to their respective

3. Conclusion, the instant land shall be sold by auction and divided, and the costs of lawsuit shall be borne individually by each party. It is so decided as per Disposition.

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