logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.21 2013가단5153467
공유물분할
Text

1. The Plaintiff shall sell the rice paddy field D 2,840 square meters and the remaining money which remains after deducting the auction cost from the price.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared 1/3 shares of D 2,840 square meters (hereinafter referred to as the instant real estate) in e.g., the real estate in e.g., the Plaintiff and the Defendants.

B. The instant real estate is a land that cannot be divided, except where each area exceeds 2,000 square meters after division pursuant to Article 22(2)3 of the Farmland Act.

C. There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, fact inquiry results by this court, purport of the whole pleadings

2. Determination

(a) If the consultation on the method of partition does not lead to an agreement, the co-owners may request the court to divide it, and the court may order the auction of the goods in case where it is impossible to divide it in kind; and

(Article 269 of the Civil Act). (b)

According to the above facts of recognition, there is no agreement between the plaintiff and the defendants on the method of dividing the real estate of this case, and it is impossible to divide the real estate of this case into investment in kind due to the regulation of the Farmland Act, so the real estate of this case shall be sold at auction and the price shall be distributed in

3. It is so decided as per Disposition in conclusion.

arrow