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(영문) 대구지방법원의성지원 2020.07.22 2019가단10479
공유물분할
Text

1. The remainder of the amount calculated by deducting the expenses for auction from the proceeds of selling the forest land Franchising 150413 square meters in the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do;

Reasons

1. Facts of recognition;

A. In the register of 150413 square meters of forest Franchi, Cheongong-gun, Chungcheongnam-do (hereinafter “instant land”), the Plaintiff is registered as holding co-ownership shares of 66116/150413 and net G is 84297/150413.

B. The deceased G’s heir is a child, and the Defendants are children.

Inheritances of the Defendants are 1/4 each.

C. Until the date of closing argument of the instant case, no agreement on the method of dividing the instant land was reached.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the instant land, may file a claim for partition of the instant land pursuant to Article 269(1) of the Civil Act against the Defendants, a co-owner of the net G, who is the heir of another co-owner.

B. The method of partition of co-owned property is examined, and the part of the plaintiff and the defendants want an auction division. In full view of various circumstances shown in the pleadings of the instant case, such as the size, shape, current utilization situation, market price, form and size of the land after partition, and the share ratio of the plaintiff and the defendants, it is determined that the division of the remaining amount after deducting auction costs from auction costs is fair and reasonable in the manner of dividing the land in question by the proportion of shares of the plaintiff and the defendants.

3. Therefore, we decide to sell the land of this case at auction and the remaining amount after deducting auction expenses from the price is distributed according to the share ratio of the plaintiff and the defendants. It is so decided as per Disposition.

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