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(영문) 대전지방법원논산지원 2020.05.14 2019가단1919
공유물분할
Text

1. The amount remaining after selling L 3,273 square meters in Chungcheongnam-do, Chungcheongnam-do and deducting the auction expenses from the proceeds thereof.

Reasons

1. Basic facts

A. Nonparty M, Plaintiff, Defendant C, D, and B were jointly owned in proportion to 1/5 shares in relation to L 3,273 square meters (hereinafter “instant real estate”) in Chungcheongnam-do, Chungcheongnam-do.

B. On July 5, 1999, the non-party M died and jointly succeeded by the defendant 4 through 10 as his heir.

C. There was no partition agreement among co-owners on the instant real estate.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff, a co-owner of the instant real estate, may file a claim for the partition of the instant real estate with the Defendants, who are other co-owners. The Plaintiff seeking the partition of the instant real estate by auction, and the Defendants also did not express their opposing intent. In the case where the category of the instant real estate becomes the kind of land divided in kind due to the answer, the cultivation area is small, the economic utility is reduced, and the partition is limited in the case of arable farmland, and the form and use of the instant real estate is limited, and the instant real estate constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind.

Therefore, it is reasonable to divide the sale price by means of selling it to auction and distributing it.

3. In conclusion, we decide to sell and divide the instant real estate by auction and division as per Disposition.

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