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(영문) 수원지방법원안산지원 2020.02.05 2018가단71895
공유물분할
Text

1. The amount calculated by deducting the auction expenses from the proceeds that are sold to an auction by selling the area of 463 square meters prior to C in Gyeonggi-do;

Reasons

1. In Gyeonggi-do, the Plaintiff shared 463 square meters prior to C in proportion to 520/853 and the Defendant shared 333/853 square meters (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, Gap 1, the purport of the whole argument

2. Determination

A. According to the above facts of recognition, the plaintiff can file a claim against the defendant for partition of co-owned property on the land of this case, which is jointly owned by co-ownership.

B. Until the date of the conclusion of the pleadings of this case, the parties did not reach an agreement on the method of dividing the land of this case. In full view of the location, area, surrounding land, use value, price, share ratio of co-owners, and use and profit-making status, etc. of the land of this case, it seems difficult to divide the land of this case in kind by the spot or the full or partial compensation for damage

Therefore, it is reasonable to divide the remainder of the land in this case, which was put up for an auction and deducted the auction cost from the price, into the method of distributing it according to their respective shares.

3. Conclusion, the instant land shall be sold by auction and divided, and the costs of lawsuit shall be borne individually by each party. It is so decided as per Disposition.

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