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(영문) 광주지방법원 2014.12.16 2014가단34053
공유물분할
Text

1. The amount remaining after selling 12,439 square meters of forest D in the Jeonnam-gun for auction to be obtained by deducting the auction expenses from the proceeds thereof;

Reasons

1. Claim for partition of co-owned property

A. The registration of ownership transfer was completed in the name of E and the Defendants (each 1/3 equity shares) as to the real estate listed in paragraph (1) of the Decree of the facts of recognition (hereinafter “the instant real estate”) under the order of the Gwangju District Court on June 12, 1995 by the order of the Seo-gu District Court on E and the Defendants on June 12, 1995. With respect to E portion of the instant real estate, the procedure for compulsory auction was commenced on November 3, 2006. The fact that the Plaintiff, as the highest bidder, paid in full the proceeds on December 12, 2007, and completed the registration of ownership transfer in the name of the Plaintiff on December 17, 2007 is deemed to have been led by the Defendants pursuant to Article 150 of the Civil Procedure Act.

B. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate jointly owned pursuant to Article 269(1) of the Civil Act

2. The following circumstances are acknowledged to show the purport of the entire argument in the evidence Nos. 1 and 2 of the method of dividing the jointly-owned property Gap, and the real property of this case appears to have a substantial economic difference between the plaintiff and the defendants in the case of dividing the real property of this case in kind into forest land according to its geographical location and surrounding circumstances. In full view of all the circumstances revealed in the argument of this case, including the plaintiff's intent to sell and divide the real property of this case and the defendants' assertion that there is no dispute over this, it is reasonable to view that the real property of this case constitutes a case where it is impossible to divide in kind or the value of the real property of this case might be significantly reduced due to the spot division, because it is difficult to find the method of the spot division or other appropriate means of division corresponding to their respective shares of the plaintiff and the defendants, since the real property of this case is sold by auction and then the amount of the real property of this case is divided according to their respective shares ratio.

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