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(영문) 전주지방법원 군산지원 2018.09.18 2017가단5810
공유물분할
Text

1. The remainder of money calculated by deducting the auction cost from the purchase price, which exceeds 28,479m2 in the Maok-gu, Sinsan-gun, Sinsan-gun;

Reasons

The salt farm as stated in Paragraph (1) of this Article is jointly owned by the Plaintiff and the Defendants as indicated in the details of shares by co-owner, and the fact that no agreement was reached between the Plaintiff and the Defendants on division of the salt farm until the closing date of the pleadings of this case can be acknowledged by adding the whole purport of the pleadings to the written evidence Nos. 1 through 3.

Therefore, the lawsuit of this case brought by the Plaintiff against the Defendants in seeking the division of the above salt farm is justifiable.

In principle, the method of subdivision is divided in kind, but according to the result of fact-finding on the military viewing by this court, it is possible to divide the said salt farm into at least 1,650 square meters if it is divided in kind. However, in light of the fact that some of the Defendants’ share is less than 1,650 square meters, the said salt farm constitutes a case where it is impossible to divide it in kind.

Therefore, it is the most reasonable way to distribute the remaining money after deducting the auction cost from the purchase price to the plaintiff and the defendants by the ratio of each share in the attached Form.

It is so decided as per Disposition for the above reasons.

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