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(영문) 대전지방법원 서산지원 2018.04.18 2017가단5183
공유물분할
Text

1. The amount remaining after the sale price of H 8,449.9 square meters is put to an auction at the time of Jinjin-si and the auction cost is deducted from the sale price.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared 8,449.9m2 (hereinafter “instant land”) in the same manner as co-ownership shares as indicated in the text.

B. There is no separate agreement between the Plaintiff and the Defendants on the prohibition of partition regarding the instant land, and no agreement on division has been reached until the date of closing the argument in the instant case.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination:

A. According to the above facts, the Plaintiff, one of co-owners of the land of this case, may claim a partition of the land of this case against the Defendants based on his co-ownership.

B. If the evidence adopted earlier and the purport of the entire argument is added to the result of the fact-finding on the market, the instant land can be divided only when each parcel area is not less than 2,00 square meters after subdivision pursuant to Article 22 (2) 3 of the Farmland Act as farmland for which the agricultural infrastructure improvement project was implemented. It is not possible to divide the area into 8,449.9 square meters, and the Plaintiff and the Defendants, co-owners, who are seven persons, into 2,00 square meters or more, after subdivision.

Therefore, it is reasonable to divide the land of this case by means of a method of payment by auction.

3. In conclusion, it is decided as per Disposition that the land of this case was put up for auction and the amount remaining after deducting the auction cost from the price is distributed according to the share ratio of the plaintiff and the defendants.

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