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(영문) 대전지방법원서산지원 2020.01.21 2019가단54936
공유물분할 등
Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale by selling the 14,479 square meters of I forest in Jin-si.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments as to the claim for partition as to Gap evidence Nos. 1 through 7, the land listed in the Disposition No. 1 (hereinafter "the land of this case") was jointly owned by J, F, and Defendant B with one-third of their respective shares. The F died on or around June 5, 2001 and succeeded to F's shares at the ratio of 3/7 of the heir, Defendant G, and Defendant H, 2/7, respectively. The 1/3 shares of J were donated to K on November 19, 2009, and it was donated to K on May 29, 2018, and it was inappropriate for Defendant C (hereinafter "Defendant C") to have agreed to divide the land of this case with the specific shares of 99/300, the Plaintiff purchased on May 1/300, 200, and the Plaintiff did not explicitly consent to the sale of the land of this case according to the evidence of each of the Defendants.

Therefore, the land of this case should be sold to the Plaintiff at an auction and the remainder after excluding the auction costs from the proceeds of the sale should be distributed to the Plaintiff at each share of 100/1050, respectively, to the Defendant Company 100/300, to the Defendant Company 9/300, to the Defendant Company 150/1050, to the Defendant G and Defendant H.

B. The Plaintiff, without authority, occupied the land by owning a stable or vinyl on the ground of the instant land without authority. Thus, the said Defendant owned the said land to the Plaintiff.

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