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(영문) 대전지방법원천안지원 2020.11.25 2020가단5026
공유물분할
Text

The remaining amount of 16,216 square meters of D forest land in Dong-gu, Seoul Metropolitan City shall be put to an auction and the auction expenses shall be deducted from the price.

Reasons

1. Facts of recognition;

A. The Plaintiff (designated parties; hereinafter “Plaintiff”) shares 3/21 shares, 2/21 shares, 2/21 shares, and 7/21 shares, respectively, by the Defendants, respectively.

B. The Plaintiff, the designated parties, and the Defendants did not reach an agreement on the method of dividing the instant land by the date of closing the argument in the instant case.

【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. According to the above facts of determination, the plaintiff and the designated parties who are co-owners of the land of this case may file a claim for the partition of the land of this case with the defendants, who are other co-owners pursuant to the main sentence of Article 268(1) and Article 269(1) of the Civil Act. In light of the fact that the plaintiff and the designated parties want to divide the price by auction and did not reach an agreement on the method of the partition of the land of this case, the land of this case constitutes a case where it is difficult or inappropriate to divide the land of this case in kind. Thus, it is reasonable to divide the remaining amount after deducting the auction cost from the sale price of this case by auction to the plaintiff, the designated parties, and the defendants

3. In conclusion, we decide to divide the land of this case into the method of payment by auction and as per Disposition.

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