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(영문) 의정부지방법원고양지원 2017.11.02 2017가단78700
공유물분할
Text

1. The amount remaining after selling the C forest land of 1984 square meters at the time of somju by auction and deducting the auction expenses from the proceeds thereof; and

Reasons

In light of the purport of the argument in Gap evidence No. 1, the plaintiff and the defendants jointly own the real estate stated in the order (hereinafter "the land in this case") at the ratio of 1/3, and there is no agreement between the plaintiff and the defendants on the division of the land in this case. According to the above facts, according to the above facts, the plaintiff, co-owner of the land in this case, as co-owner of the land in this case, may file a claim for the division against the defendants, who are other co-owners

Furthermore, in light of the fact that the land in this case is a blind site and a part of a grave is installed, and the interests between the parties may be complicated depending on the method of partition and the area in question, and that if the land is divided in kind, there is a significant difference in the use value of each part after the division, it is deemed appropriate to divide the land by auction rather than by the in-kind division.

If so, it is decided as per Disposition that the land of this case is sold at auction and the remaining amount after deducting the auction cost from the price is distributed to the original defendant at the ratio of 1/3.

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