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(영문) 수원지방법원 2020.11.04 2020가단535879
공유물분할
Text

The amount remaining after deducting the auction cost from the proceeds of sale by selling 67,430 square meters of F forest land in Chang-gun, Jeon Chang-gun, Chungcheongnam-gun.

Reasons

1. The Plaintiff and the Defendants are co-owners of the forest of this case. The Plaintiff and the Defendants are 1/2 shares, 3,000/21,528 shares, 1,000/21,528 shares, 2,000/21,528 shares, 2,000/21,528 shares, 4,764/21,528 shares.

There was no partition agreement between the Plaintiff and the Defendants on the instant forest land.

[Ground of recognition] Facts without dispute, Gap 1 evidence, purport of whole pleadings

2. According to the facts of the above recognition, the Plaintiff, a co-owner of the forest of this case, may request the Defendants, other co-owners, to divide the forest of this case pursuant to the main sentence of Article 268(1) and Article 269(1) of the Civil Act. The Plaintiff, who wishes to divide the forest of this case by the in-kind method but consented to the in-kind division by auction, Defendant C does not consent to the in-kind division as sought by the Plaintiff, and Defendant E is undergoing the case by service, and the forest of this case constitutes a case where it is difficult or inappropriate to divide the forest of this case in-kind in-kind, taking into account the shape of the forest of this case, current status of its use, relationship of rights, etc.

3. In conclusion, the forest land of this case is to be divided by means of auction in installments, and it is so decided as per Disposition.

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