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(영문) 서울북부지방법원 2019.02.15 2018가단113758
공유물분할
Text

1. The remaining amount of 9,918 square meters of Z forest land in the original city shall be put to an auction and the auction expenses shall be deducted from the proceeds of the sale.

Reasons

Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 through 3 (including the paper number), it is recognized that the plaintiff (Appointed Party), the appointed party, and the Defendants shared the Zland of 9,918 square meters (hereinafter “instant land”) in proportion to the co-owned share sheet, and that there was no agreement between the plaintiff (Appointed Party) and the designated party, and the Defendants as to co-owned property partition.

According to the above facts of recognition, the plaintiff (appointed party) and the appointed party, who are co-owners of the land of this case, may request the court to divide the article jointly owned in accordance with Article 269(1) of the Civil Act.

In such cases, the court shall render a judgment on the division of the jointly-owned property, except in extenuating circumstances, and may order an auction of the property when it is impossible to divide it in kind in accordance with Article 269 (2) of the Civil Act or the value thereof is likely to decrease remarkably due to the division.

In full view of the size and current status of the land of this case, the number of co-owners and the corresponding area by co-ownership share, etc., it is reasonable to divide the co-ownership into an auction and distribute the remaining amount after deducting the auction cost from the sale price to the Plaintiff (Appointed Party) and the Appointed and the Defendants at the share ratio in the attached Form.

Therefore, it is so decided as per Disposition.

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