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(영문) 울산지방법원 2019.01.29 2018가단64445
공유물분할
Text

1. (a) The real estate in the Schedule 1 is put to an auction and the proceeds of the auction are deducted from the proceeds of the auction.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 5, the plaintiff and the defendants are co-owners of each real estate listed in the separate sheet Nos. 1 through 4 (hereinafter "each forest of this case") and the plaintiff and the defendants shared each share in the same proportion as that stated in the separate sheet Nos. 1 through 4. There are facts that the plaintiff and the defendants did not reach an agreement on the division of each forest of this case, which is the common property

Therefore, the Plaintiff, a co-owner, may request the Defendants, who are other co-owners, to divide each of the instant forests and fields jointly owned pursuant to Article 269(1) of the Civil Act.

In the case of dividing an article jointly owned by a trial, if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, and if the value thereof is apprehended to be significantly reduced, the auction of the article may be ordered, and in this case, it shall not be physically strictly interpreted, but it shall include cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the article jointly owned.

(2) In light of the following, each forest land of this case is a forest with a land category entirely anticipated to be divided, exchanged, traded, or regulated under the relevant provisions, such as the Forestry Act. In light of the nature of each forest of this case, location, area, utilization status, and the use value of each forest of this case after division, the value of each forest of this case would be significantly reduced if the forest of this case is divided in kind in light of the nature of each forest of this case, location, use status, use value after division, etc., the forest of this case is referred to an auction and the remaining amount after deducting the auction cost from the auction price is distributed to the Plaintiff and the Defendants in proportion to their respective shares.

Thus, each of the forest land of this case shall be put to an auction and the proceeds thereof shall be respectively of the plaintiff and the defendants.

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