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(영문) 춘천지방법원 2019.11.27 2019가단51051
공유물분할
Text

1. The amount of money calculated by deducting the auction cost from the proceeds from the sale to the government office at the auction of the Incheon-do Incheon-gun Q2,149 square meters in Q2.

Reasons

1. Determination as to Defendant 6-A to F and Defendant 7

A. In fact, the Plaintiff shared the said real estate as indicated in the attached Form in co-ownership with respect to the Defendants and Qa-gun Qa-gun 15,419 square meters of land in Gangwon-do.

The Plaintiff and the Defendants did not reach an agreement on partition of co-owned property, and the Plaintiff filed a lawsuit against the Defendants as to partition of co-owned property in the instant case on February 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. Co-owners of the instant real estate, as the co-owners of the instant real estate are dismissed, are divided into 15 shares, and it is difficult to divide the instant forest by kind so that the value of the use of the instant forest can be per capita. At the date of pleading of the instant case, the Plaintiff, Defendant O, I (Representative of the Defendants, the deceased G’s litigant’s litigant’s litigant’s litigant’s litigant’s litigant’s litigant’)

In light of all of these points, the forest land of this case is deemed appropriate to divide the amount after deducting the auction cost from the government office's sale price in the auction and divide it according to the share ratio in attached Table 1, which is distributed to the plaintiff and the defendants.

Therefore, it is so decided as per Disposition.

2. Defendant N: Service by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Defendant 1 through 5, and 8: deemed confession (Article 208 (3) 2, and Article 150 (3) of the Civil Procedure Act);

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