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(영문) 춘천지방법원 2020.09.01 2019가단57264
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the price by selling the 992m2m2 in Hongcheon-gun, Gangwon-do.

Reasons

The Plaintiff and the Defendants co-ownership of the land of Hongcheon-gun D 992 square meters (hereinafter “instant land”) (Plaintiff 298/992 shares, Defendant C31/992 shares, Defendant B 363/992 shares), and the Plaintiff demanded the Defendants to divide the instant land, but the fact that there was no agreement on the method of division between the Plaintiff and the Defendants until the closing date of the instant pleadings does not exist or is significant in this court.

Since the Plaintiff, a co-owner of the instant land, and the Defendants did not reach an agreement on the land division method, the Plaintiff may file a judicial claim against the Defendants for the division of the instant land pursuant to Article 269(1) of the Civil Act.

We examine the method of partition of co-owned property.

In light of the following circumstances, the Plaintiff filed a lawsuit of this case by demanding the division of the land of this case in the manner of distributing the proceeds from the auction because it is likely that the value of the real estate possessed after the division would decline without consultation with the Defendants on the partition of co-owned property, and the Plaintiff would divide the land of this case in kind. The Defendants did not submit any written response, did not appear at the date of pleading, and did not present any opinion on the method of dividing the land of this case, and the area, location, use situation, etc. of the land of this case is difficult or inappropriate to divide the land of this case in kind, and it is reasonable to divide the land of this case by the method of payment.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for auction and deducted from the auction cost, shall be distributed to the plaintiff and the defendants

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