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(영문) 대구지방법원 2021.01.13 2020가단109615
공유물분할
Text

1. The amount of money sold by selling the 49,166 square meters of forests and fields D, Cheongdo-gun, Chungcheongnam-do-gun, and subtracting the expenses for the auction from the proceeds of sale;

Reasons

1. Facts of recognition;

A. The Plaintiff’s share 46,097/49,402 of the instant forest land on May 15, 2019 is the same year.

4. 29. Voluntary auction procedure was purchased and completed the registration of transfer of ownership in the future. The defendant holds 3,305/49,402 shares, which are the remainder of the forest land in this case.

B. The shape of the forest of this case is as shown in the annexed cadastral drawings.

When considering the location, altitude, shape, access route, usage aspect, etc. of the forest of this case and the defendant's equity ratio, it is difficult to devise a reasonable plan for dividing the forest of this case into the spot, such as the fact that it is difficult to access the forest of this case, if part of the forest of this case

The plaintiff presented the method to appraise the defendant's shares and purchase them at the market price, but the defendant does not want to do so, but want to divide the price by auction.

The plaintiff did not apply for an appraisal.

[Evidence] Evidence Nos. 1 to 8, and the purport of the whole pleadings

2. Determination

A. According to the above facts, it is recognized that the payment of the price through auction is reasonable by dividing the forest land of this case by the method of dividing it.

B. The defendant purchased specific parts of the forest of this case from the former owner, and the plaintiff knowingly acquired them at auction. Thus, the plaintiff and the defendant owned the forest of this case as sectionally owned co-ownership relation.

However, there is no evidence to prove that the plaintiff succeeded to the sectionally owned co-ownership relationship of the former owner by being awarded a successful bid by specifying the remaining parts except the specific parts occupied by the defendant in the auction procedure. Therefore, the above argument cannot be accepted.

3. To accept a claim for division of the jointly-owned property by conclusion auction;

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