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(영문) 서울북부지방법원 2017.11.14 2017가단101376
공유물분할
Text

1. The money remaining after selling the 1983 square meters of forest E in Gyeonggi-gun to auction at auction, from which the expenses for auction are deducted;

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 5, the Plaintiff and the Defendants shared forest E- 1983 square meters of forest land (hereinafter "the instant real estate") in proportion to the text of the order. As of the date of the closing of argument in this case, it can be acknowledged that the agreement on the method of dividing the instant real estate has not been reached among the above co-owners as of the date of the closing of argument in this case. Furthermore, it is difficult to find an appropriate method of dividing the instant real estate in kind in light of various circumstances, such as the shape, land category, sex and the share ratio of co-owners, and the restriction on the minimum size of partition in accordance with the ordinance of the local government where the instant real estate is located, and it is difficult to find other method of dividing the said real estate by some or all value compensation. In full view of the above, it can be deemed the best method of dividing

As to this, Defendant C filed a lawsuit in this case with the intent to gain a higher benefit than the successful bid price after registering shares of 1/40 of the real estate of this case in the name of Defendant C so that it is impossible for the Plaintiff to divide the shares of 10/40 of the real estate of this case into a successful bid price. The Plaintiff’s claim for division of common property of this case constitutes an abuse of rights. However, there is no evidence to acknowledge such an abuse of rights (it is evident that there is an objection against the ruling of recommending settlement that the Plaintiff and Defendant C have the right to purchase shares of the real estate of this case). The above assertion by Defendant C is without merit.

2. According to the conclusion, it is decided as per Disposition by the assent of all participating Justices on the division of the instant real estate as stated in Paragraph 1 of the Disposition.

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