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(영문) 창원지방법원마산지원 2015.04.29 2014가단8304
공유물분할
Text

1. The remainder of the forest E, 7,041m2 in Changwon-si, Changwon-si, Msan-si, which is put up for an auction and deducts the auction expenses from the proceeds thereof.

Reasons

1. Basic facts

A. The Plaintiff, the Defendants, and the Selected Q, etc. shared the same share as that indicated in the text of the instant land, with the area of 7,041 square meters of forest E in Changwon-si, Changwon-si (hereinafter “instant land”).

B. The above co-owners did not reach an agreement on the method of dividing the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. The plaintiff is a co-owner of the land in this case, and as long as consultation as to partition of co-owned property has not been formed with the defendants, the selected Q, etc., the plaintiff can file a lawsuit in this case for division.

B. The method of partition of co-owned land is mostly surrounded by forests and fields owned by others, and part of the land is adjoining to the roads, and part of the land is designated as a park district, and the fact that a grave is installed in part is recognized by the entries in Gap evidence No. 3 and the purport of the whole pleadings. In light of the situation of the land in this case, the situation of the land in this case is that the number of co-owners falls short of 17 persons and the share of a similar ratio is owned by the 17 persons, the land in this case constitutes a case where it is impossible to divide in kind in kind or the value of the land in this case is considerably reduced due to division. Thus, it is reasonable to divide the remaining amount after deducting auction expenses out of the price in this case from the proceeds by auction

3. In conclusion, the land of this case shall be divided as per Disposition.

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