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(영문) 울산지방법원 2015.08.28 2014가단27301
공유물분할
Text

1. The plaintiffs are the plaintiffs with the amount calculated by deducting the auction expenses from the proceeds by selling the 435m2 in Ulsan International Complex to auction.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant own an annual 435 square meters of Ulsan (hereinafter “instant land”) as one-eight shares, respectively.

B. The Plaintiff and the Defendants did not agree on the division of the instant land.

[Grounds for recognition] Facts without dispute, Gap evidence No. 1, and the purport of the whole pleadings

2. Claim for partition of co-owned property, method of partition;

A. The plaintiffs and the defendant shared the land of this case. Since consultation on the division method between the plaintiffs and the defendant does not lead to an agreement on the division method, they may request the plaintiffs to divide the land of this case against the defendant.

B. Comprehensively taking account of all circumstances, including the fact that it is impossible to conduct a survey or appraisal for partition of co-owned property as the planned land rearrangement area which was not registered in the cadastral map at present, it is reasonable to divide the instant land between the Plaintiffs and the Defendant into the spot or as it is difficult to divide the instant land in kind. Therefore, it is reasonable to divide the instant

3. The conclusion is that the land of this case shall be put to an auction and the proceeds of the sale shall be distributed in proportion to the shares of the plaintiffs and the defendant, but the costs of the lawsuit shall be borne by each party. It is so decided as per Disposition.

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