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(영문) 수원지방법원여주지원 2019.05.01 2019가단50026
공유물분할
Text

1. It shall be put up for auction the area of 453 square meters prior to G in Leecheon-si and the remainder after deducting the auction cost from the price shall be attached.

Reasons

1. The Plaintiff and the Defendants, which created the co-owned property partition claim and the co-owned property partition claim, share 453 square meters in proportion to each of the co-owned shares listed in the separate sheet. The Plaintiff and the Defendants did not reach an agreement on the method of partition of the instant land.

Therefore, the Plaintiff, a co-owner, may claim a partition of the instant land against the Defendants, other co-owners.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The method of partition of co-owned property shall be determined by integrating the facts acknowledged under paragraph (1), evidence No. 1-4, and the purport of whole pleadings.

There is no objection by the Defendants in seeking auction division as to the land of this case, and if the land of this case is divided in kind, the total area of the land of this case and the value of the part to be owned by the Defendants under the Defendants’ co-ownership share may be significantly reduced compared to the co-ownership share value before the division.

In addition, comprehensively taking account of all the circumstances revealed in the pleadings of this case, such as the location, form, and use of the land of this case, it is reasonable to deem that the land of this case constitutes a case where it is difficult or inappropriate to divide in kind, and it is the most fair and reasonable method to choose an auction division.

Therefore, the land of this case is sold to the plaintiff and the defendants according to the ratio of each of the co-ownership list, which was put up for auction and deducted the auction cost from the price.

3. In conclusion, the land of this case is divided as above and it is so decided as per Disposition.

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