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(영문) 춘천지방법원 2015.02.10 2014가단30264
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the price by selling the forest land 2613 square meters in the Gangseo-gun Hongcheon-gun L.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the area of 2613 square meters of woodland Lincheon-gun, Hongcheon-gun (hereinafter “instant real estate”) in proportion to the attached list.

B. The Plaintiff demanded the Defendants to divide the instant real estate, but no agreement was reached between the Plaintiff and the Defendants on the method of division until the date of the closing of the instant argument.

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

2. Determination

A. According to the above facts of recognition, the Plaintiff sharing the instant real estate and the Defendants did not reach an agreement on the method of partition. Therefore, the Plaintiff, a co-owner, may file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate.

B. Considering the current status, form, size, nature, situation of use, and use value of the instant real estate as the method of partition of co-owned property, etc., it is deemed that if the instant real estate is divided in kind, its value may be significantly reduced, it constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind.

Therefore, it is reasonable to view that the sale of the instant real estate by auction and then the distribution of the price according to the respective shares of the Plaintiff and the Defendants is the most equitable and reasonable method of division.

3. In conclusion, it is ordered that the instant real estate should be sold at auction and distributed in proportion to the respective shares of the Plaintiff and the Defendants, except the costs of auction from the proceeds of sale, and the costs of lawsuit shall be borne by each party. It is so decided as per Disposition.

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