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(영문) 춘천지방법원영월지원 2019.11.27 2019가단10595
공유물분할
Text

1. The remainder of each land listed in the separate sheet, which is referred to an auction and deducts the auction expenses from the price;

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet (hereinafter “each land of this case”) is jointly owned by the Plaintiff, 4984/633720 shares, Defendant B’s shares 9974/63720 shares, Defendant C’s shares 2975/63720 shares, Defendant D’s shares 498/633720 shares, Defendant E’s shares 490/633720 shares, Defendant FF’s shares 78348/63720 shares, Defendant G’s shares 9256/63720 shares, Defendant G’s shares 19836/63720 shares, and Defendant C’s shares 9974/63720 shares, Defendant J, Korea, L, M, 1323/6377 of shares, respectively.

B. There was no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant land by the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Plaintiff, as co-owners of each of the instant lands, may claim the partition of each of the instant lands against the Defendants, who are other co-owners.

B. Regarding the method of partition of co-owned property, in light of the location and size of each land of this case recognized by comprehensively considering the above evidence and the purport of the entire pleadings, co-owners' share ratio, co-owners' intent (the plaintiff sought an auction division as to each land of this case, and Defendant B, D, E, F, G, and N agree to the auction or division of each land of this case in this court, Defendant L submitted a written response to the purport that selling each of the real estate of this case, and the remaining Defendants did not submit any written response, it is reasonable to deem that each of the land of this case constitutes a case where it is difficult or inappropriate to divide in kind, and it is the most fair and reasonable method to distribute the price through auction.

Therefore, the remaining amount after deducting the auction cost from the proceeds that each of the lands of this case was sold by auction shall be distributed to the plaintiff and the defendants according to their respective shares.

3. If so, each of the instant lands is above.

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