logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원홍성지원 2019.04.10 2017가단7088
공유물 대금분할
Text

1. The amount remaining after 239,207 square meters of forests and fields O in Chungcheongnam-gun budget are put to an auction and the auction expenses are deducted from the proceeds thereof;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants own 239,207 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-gun, as indicated in the separate sheet of shares.

B. The Plaintiff and the Defendants did not reach an agreement on the division method of the said forest.

【Reasons for Recognition Gap’s Evidence No. 1, and the purport of the whole pleadings

2. The partition of a co-owned property by judgment shall be made, in principle, in kind as far as it is possible to make a rational partition according to the share of each co-owner, or, if it is impossible to divide in kind or the value thereof is likely to be reduced remarkably due to such division, by auction;

Considering the following circumstances, namely, that there are a large number of graves in the above forest (which appears not to be the Plaintiff and the Defendants’ ancestor graves), and that there are several provisional seizures and seizures on Defendant D’s share, as well as that the right to collateral security is established, since the said forest land is unable to be divided in kind or its value may be significantly reduced due to the division, it is reasonable to order the division of the said forest land by auction.

3. The conclusion is that the remaining amount after deducting the auction cost from the proceeds from the sale price will be distributed to the plaintiff and the defendants in their respective shares in the text.

arrow