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(영문) 창원지방법원마산지원 2020.09.24 2019가단106135
공유물분할
Text

1. The sale price shall be the remainder of 1,458 square meters prior to J of the Changwon-si, Changwon-si, and the auction cost shall be deducted from the sale price.

Reasons

1. Facts of recognition;

A. As to the land of 1,458 square meters (hereinafter “instant land”), the Plaintiff owned 49/150 shares, Defendant B’s 1/150 shares, and K and Defendant C owned 50/150 shares, respectively.

(Plaintiff) On April 22, 2019, the Plaintiff completed a share registration on May 3, 2019 due to a compulsory auction on April 22, 2019.

As K died on December 15, 1987, the Defendants succeeded to their property by Defendant D, E (C, South Korea, Australia inheritance), F, G, H, and I, who is his wife L and children. On February 4, 1999, the Defendants succeeded to their property.

The inheritance shares are as shown in the calculation table of inheritance portion in attached Form 2, and the final shares of the plaintiff and the defendants concerning the land of this case calculated accordingly are as shown in attached Table 1.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that this case’s land cannot be paid in kind, so it should be put up for auction to distribute the sale price according to its ratio of shares.

B. On the instant land’s assertion by Defendant C, D, E, F, G, H, and I, MC graves are located over approximately two-thirds of the total size. As such, it is reasonable for the Plaintiff to make a partition of co-owned property by dividing the 1/3 area at the bottom of the highest economic value in kind.

C. Defendant B’s assertion that this case’s land in question is difficult to divide in kind, and thus, the Plaintiff’s assertion is consented.

3. In full view of the result of the fact-finding by the court on the head of Changwon-si, the fact that the instant land was designated as a planned management area, and that it is impossible to develop the instant land due to the lack of infrastructure.

A planned management area pursuant to Article 56 of the National Land Planning and Utilization Act and Article 51 of the Enforcement Decree thereof.

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