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(영문) 인천지방법원부천지원 2015.08.19 2014가단52317
공유물분할
Text

1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants owned shares as co-owners of the real estate listed in the separate sheet (hereinafter “instant land”). Some co-owners, including the Plaintiff and Defendant E, want to resolve the co-ownership relationship, and co-owners did not reach an agreement on the method of partition.

B. If the instant land is divided in kind according to the co-ownership, the partial division does not satisfy the “minimum standard of road area” and “road adjoining conditions” under the statutes, and in light of its form and the current status of surrounding land, etc., there is a concern that the value of the portion reverted to some co-owners may be significantly reduced due to the spot partition.

[Grounds for recognition] Unsatisfy, Gap 1-4 evidence, the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff, as co-owners, may claim a court to divide the land of this case, which is co-owned property. The method of partition is to sell the land of this case by auction and distribute the price in proportion to co-ownership share.

3. It is so decided as per Disposition on the grounds above the conclusion.

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