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(영문) 서울동부지방법원 2015.10.15 2015가단5782
공유물분할(대금분할)
Text

1. The plaintiff, the plaintiff, and the plaintiff, the remaining amount after deducting the auction cost from the price by selling the H 1,948 square meters at the auction in ASEAN-si.

Reasons

1. Facts of recognition;

A. Of the instant land, the Plaintiff, Defendant B, E, and F own each share of 4/29, and Defendant C owns 1/29, Defendant D, and G own each share of 6/29.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land, and the said land is farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act.

【Ground for recognition】 1-3, the purport of the entire pleadings

2. According to the above facts, the land of this case, which is jointly owned by the plaintiff and the defendants, shall not be divided in kind pursuant to Article 22 (2) of the Farmland Act (the farmland for which a project for improving agricultural production infrastructure under the Rearrangement of Agricultural and Fishing Villages Act has been implemented shall not be subdivided except for any of the following cases, and each subparagraph shall be omitted). Thus, the remaining amount after deducting the auction cost from the auction price shall be distributed to the plaintiff and the defendants according to the ratio of shares in the above land:

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