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(영문) 대구지방법원 2017.07.07 2015가단45243
공유물분할
Text

1. The sale price shall be the remainder after the amount of 1,577 square meters prior to the Daegu-gu Seoul Metropolitan City is put to an auction and the auction cost shall be deducted from the sale price.

Reasons

1. The plaintiff asserts that 2/3 of the share of 1,577 square meters in the Dong-gu, Daegu Metropolitan City (hereinafter only the land in this case) is owned by the plaintiff, and the defendants own each share of inheritance as the heir of the non-party deceased BA who owned one-third share in the shares of the land in this case.

(A) The Plaintiff and the Defendants seek to sell the land at auction, as the Plaintiff did not reach an agreement with the Defendants on the division of the land of this case. Thus, the Plaintiff and the Plaintiff seek to sell the land of this case at auction and to distribute the price calculated by deducting the auction cost from the sale price.

2. Since 51 persons, including the Plaintiff and the Defendants, share the instant land, dividing the instant land in kind by shares of co-owners is likely to significantly reduce its value in light of the area, use, and economic value of the land, and thus, it cannot be viewed as a reasonable method of partition.

In addition, it is difficult to divide the land of this case into the ownership of a minority among the plaintiff or the defendants, and the intent of the defendants is not in accord.

Therefore, the method of selling the instant land by auction and deducting the auction cost from the proceeds of sale is deemed reasonable to distribute it to the Plaintiff and the Defendants by share.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

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