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(영문) 광주지방법원순천지원 2016.07.05 2015가단18774
공유물분할
Text

1. D 3,10 square meters and E 1,003 square meters and 1,003 square meters shall be put to an auction and the auction cost shall be deducted from the price.

Reasons

1. The facts that the Plaintiff and the Defendants own 1/3 shares of each of the lands listed in paragraph (1) of the Decree of the Facts of Recognition (hereinafter collectively referred to as “the instant land”; where they are individually named, “D land” and “E land”; the Plaintiff and the Defendants did not reach an agreement as to the method of dividing the instant land; and the instant land is in the form of a rectangular form, which is a very long way for the land rearrangement was performed, in which 3 pages are adjacent to the road or ditches, and E land is adjacent to the road or ditch, and the fact that 2 pages are adjacent to the road or ditch, or that 1, 2, and 3 are not in dispute between the parties, or that the entire purport of the pleadings is added to each of the entries in the evidence No. 1, 3.

2. According to the above facts of determination, it is extremely difficult or inappropriate to divide the land of this case into three equal parts in kind in light of the nature, location, area, utilization status, and use value of the land of this case after division, and thus, it is deemed that the land of this case is put to auction and the price is distributed according to the ratio of co-ownership. Thus, it is so decided as per Disposition.

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