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(영문) 의정부지방법원 2018.11.06 2014가단100412
공유물분할
Text

1. The remaining amount after deducting the auction cost from the price shall be attached to the auction by selling Q2,092m2 in Nam-si, Namyang-si.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 6, ① the plaintiffs and the intervenors succeeding to Q. Q. Q. 94,092 square meters (hereinafter “the instant real estate”) in Nam-si, Namyang-si, according to each share ratio listed in the separate sheet; ② the parties succeeding to the defendant and the intervenor succeeding to the defendant, and the litigants did not reach agreement as to the partition of co-owned property until the date of closing argument of the instant case; ③ the real property of this case is located in mountainous district as follows; ③ the real property of this case is located in the mountainous district (e.g., red part) and is extremely adjacent to the contribution, and it is difficult for co-owners to divide it in kind objectively due to the provisional attachment and seizure of some co-owners’ share, and thus, it is difficult to legally divide it in kind. Furthermore, considering all the circumstances indicated in the pleadings of this case, reasonable methods for each share of this case can not be found in accordance with each share ratio of this case.

2. Therefore, each of the instant real estate is ordered to make a partition of co-owned property as to each of the instant real estate by selling it at auction and dividing the price according to the share ratio. It is so decided as per Disposition.

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