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(영문) 전주지방법원 2015.07.16 2014가단32382
공유물분할
Text

1. The remainder of 823 square meters and 615 square meters prior to the date of the sale to the auction in Jeonju-gun, Jeonbuk-gun, and the amount which remains after deducting the expenses for the auction from the price.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) shared 78/168 shares, 47/168 shares, 12/168 shares, 12/168 shares, 12/168 shares, and 19/168 shares, respectively, by Defendant B and C, and Defendant D shared shares, respectively.

B. The Plaintiff (Appointed Party) and the designated parties and the Defendants did not reach an agreement on the method of dividing each of the instant land, which is public property, by the closing date of pleadings in the instant case.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts acknowledged, since the consultation on the method of partition between the Plaintiff (Appointed Party) and the designated party and the Defendants, which are co-owners of each of the lands of this case, was not constituted, the Plaintiff (Appointed Party) has the right to partition co-owned property as to each of the lands of this case based on the co-owned share

3. According to the results of the fact-finding on the partition method of the jointly-owned property, the area in which the area was located with the area of 200 square meters or more in the area in which the area was located with the area of 823 square meters or more prior to the Jeonju-gun, Jeonju-gun, and the area of 615 square meters or more prior to F, is recognized to have been able to be divided into 90 square meters or more, and 12/168 square meters or more in the area of 823 square meters or more prior to the Jeonju-gun, Jeonju-gun, Jeonju-gun, and the area is not 200 square meters or less, and it is not possible to divide the area into 615 square meters prior to the date of 615 square meters prior to the date of

Therefore, the method of dividing the price according to the ratio of the Plaintiff (Appointed Party) and the designated parties and the Defendants after the sale of each of the instant lands by auction is judged to be fair and reasonable.

Therefore, it is intended to distribute the remainder of the land of this case to auction and deduct the auction cost from the price to the plaintiff (appointed party) and the designated parties and the defendants' share ratio.

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