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(영문) 대전지방법원서산지원 2020.11.17 2020가단52738
공유물분할
Text

The plaintiff's primary claim is dismissed.

The sale price shall be 8926 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-gun, and it shall be at the auction.

Reasons

1. In full view of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff and the defendants share the forest of this case in share as stated in the Disposition No. 1, and it is practically difficult to divide the forest of this case in kind, and the majority of the defendants and the plaintiff want to liquidate money through auction. Thus, it is reasonable to divide the forest of this case into auction and division method.

Therefore, it is reasonable to distribute the forest of this case to the plaintiff and the defendants according to their co-ownership ratio after deducting the auction cost from the sale price.

2. In conclusion, the plaintiff's primary claim of this case is dismissed as it is without merit, and the conjunctive claim is accepted as it is decided as per Disposition.

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