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(영문) 서울북부지방법원 2019.09.18 2018가단147966
공유물분할
Text

1. The remainder of the money obtained by selling 2,172m2 in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for auction and deducting the costs of auction from the proceeds of sale.

Reasons

According to the evidence No. 1 as to whether the claim for partition of co-owned property occurred, it is recognized that the Plaintiff owned 12/52 shares, Defendant C, D, E, and F, each of 92/52 shares, and Defendant J owned 80/52 shares, and Defendant J owned 80/52 shares, respectively.

In addition, until the date of closing argument of the instant case, there was a consultation on the division method of the instant real estate between the Plaintiff and the

or there is no evidence to deem that there exists an agreement prohibiting the partition of the said real estate.

Under such facts and circumstances, the Plaintiff, a co-owner of the instant real estate, may file a claim against the Defendants, who are other co-owners, for the division of the instant real estate pursuant to Article 269(1) of the Civil Act.

2. According to the method of partition of co-owned property pursuant to Article 22(2)3 of the Farmland Act, farmland shall not be divided if the area of each parcel after partition does not exceed 2,000 square meters. If the real estate in this case is divided into 2,172 square meters as farmland, it is obvious that both the Plaintiff and the Defendants owned the real estate in this case, and if it is divided into 2,172 square meters as farmland, the ownership area does not exceed 2,00 square meters. Thus, the real estate in this

Therefore, pursuant to Article 269 (2) of the Civil Code, the real estate of this case is put to an auction and the auction cost is deducted from the price shall be ordered to be divided according to co-ownership.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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