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(영문) 대전지방법원홍성지원 2020.02.19 2019가단32101
공유물분할
Text

1. The remainder of the sale price shall be 3306 square meters in AM-gun, Chungcheongnam-gun, and the auction cost shall be deducted from the sale price.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to the entries in the evidence Nos. 1 through 3, the Plaintiff and the Defendants are co-owners of the 3306 square meters AM-gun, Chungcheongnam-do (hereinafter “instant land”) and each share is the same as indicated in the separate sheet. The Plaintiff and the Defendants did not reach agreement on the method of dividing the instant land; the instant land is an agricultural promotion zone in which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act; Article 22 of the Farmland Act provides that the farmland for which a project for improving agricultural production infrastructure has been implemented shall not be divided unless the area of each parcel after the division is divided into more than 2,00 square meters, and it shall not be divided by shares of co-owners; however, the Plaintiff’s share is more than 1%, but the Plaintiff’s opinion to sell approximately 15,000,000 won on the mediation date, but there is no counter-proof evidence.

In principle, partition of a co-owned property by a judgment shall be made in kind as far as it is possible to make a reasonable partition according to the share of each co-owner, or in cases where it is impossible to divide in kind in kind or the value thereof is likely to decrease remarkably due to such division, it shall be made by auction.

According to the above facts, it is reasonable to place this case's land at auction and distribute it as stated in the order.

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