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(영문) 춘천지방법원강릉지원 2019.03.05 2018가단35901
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the 1,987 square meters of the paddy-si in Gangwon-do.

Reasons

In full view of the statements and the purport of Gap evidence Nos. 1 and 2, the plaintiff shared 452/1057 square meters in Gangwon-do, Gangwon-do (hereinafter "the land in this case") at each ratio of 605/1057, and the defendant established a right to collateral security with respect to the plaintiff's share amount of KRW 13.2 million, and the fact that the agricultural infrastructure improvement project was implemented on the land in this case in accordance with the Rearrangement of Agricultural and Fishing Villages Act. According to the above facts, it is difficult or inappropriate to divide the plaintiff's share in kind as long as the right to collateral security with respect to the plaintiff's share is not resolved, and the land in this case cannot be divided in kind in accordance with Article 22 (2) 3 of the Farmland Act.

Therefore, it is judged fair and reasonable to divide the land of this case into the method of payment by auction, and it is so decided as per Disposition.

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