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(영문) 대구지방법원영덕지원 2019.10.22 2019가단10069
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling it to an auction with the area of 1739 square meters which is set aside.

Reasons

1. Facts of recognition;

A. The land in this case is registered as Plaintiff 1/4, Defendant B 1/2, and network F1/4 on the registry as the ownership of each share of 1739 square meters (hereinafter “instant land”).

B. The deceased on September 8, 2017, and Defendant C and D, as the children of the deceased F, are each legal successors, and the legal share of inheritance is 1/2, respectively.

[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings

2. In light of the following circumstances appearing in the above-mentioned facts and the purport of the entire pleadings, namely, ① four co-owners of the land of this case are the original and the Defendant, ② the ownership of each share of the original and the Defendant is different, ③ only part of the land of this case is likely to be adjacent to the road, etc., the land of this case is difficult or inappropriate to divide in kind.

3. According to the conclusion, it is decided as per Disposition by ordering the payment by auction for the land of this case.

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