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(영문) 광주지방법원 목포지원 2017.04.27 2016가단53372
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds sold by selling the forest E in Jeonan-gun, Jeonan-gun to an auction.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants share the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”) in the same share as that stated in the Disposition No. 1.

B. There is no special agreement prohibiting partition of co-owned property between the Plaintiff and the Defendants, but no agreement has been reached among the above co-owners.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the premise of the claim for partition of co-owned property regarding the instant real estate is recognized to have been fully satisfied, and it is deemed that it is difficult or inappropriate to divide the instant real estate in kind in light of co-owners’ intent, the nature, location or size of the co-owned property, the use value after the partition, etc.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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