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(영문) 서울중앙지방법원 2019.05.17 2018가단5085859
공유물분할
Text

1. Defendant D shall make a partition of co-owned property as to the portion of 4,955/60,921 out of 11,456 m2, n. 11,456 m2 from the Plaintiff.

Reasons

The real estate stated in the order is jointly owned by Defendant H 1,461/60,921, and the Plaintiff and the remainder Defendants shared each share of 4,955/60,921.

It is impossible to divide the above real estate into farmland and 2,000 square meters or less.

The defendants entrust the above real estate to theO farming association company for farming.

On December 1, 2018, the value of the above real estate as of December 1, 2018 is equivalent to KRW 203,916,80.

[The fact that there is no dispute, Gap 1, Eul 2, and the purport of the whole pleadings] The plaintiff asserts that the auction division, or the plaintiff wishes to purchase the defendants' shares.

The remaining Defendants, except Defendant C, continue to share the above real estate and want to form a farmer, and among them, Defendant D wishes to purchase the Plaintiff’s shares.

In full view of the share ownership relationship, status of use, intent of co-owners, etc. of the above real estate, it is determined to divide the Plaintiff’s share [16,585,541 won (203,916,80 won) x 4,955/60,921 as the purchase method by Defendant D.

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