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(영문) 대전지방법원서산지원 2016.11.29 2015가단4407
공유물분할
Text

1. The remainder of the proceeds from the sale by selling the 25,968 square meters of the Kandong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and deducting the costs of the auction from the proceeds of the sale;

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the plaintiff and the defendants shared 25,968 square meters of K forest land in Tae-gun, Chungcheongnam-do (hereinafter "the forest of this case") in proportion to the shares in the separate sheet, and the facts that the plaintiff and the defendants did not reach an agreement on the division of the forest of this case.

According to the above facts of recognition, the Plaintiff and the Defendants, co-owners of the forest of this case, did not reach an agreement on the method of division. Thus, the Plaintiff may file a claim against the Defendants for the division of the forest of this case, which is jointly owned pursuant to Article 269(1) of the Civil Act.

On the other hand, the plaintiff asserted that he purchased a specific part of the forest of this case from L, the former owner, but there is no evidence to acknowledge it.

Furthermore, the method of division is examined.

The partition of co-owned property by judgment shall be made by the method of in-kind division, or, even if it is impossible to divide it in-kind or even if it is possible in-kind, if the price might be reduced remarkably due to the auction of the co-owned property, by the method of so-called payment division by ordering the auction of the co-owned property.

According to Gap evidence No. 2, among the forest of this case, the fact that the establishment registration of a large number of units of the plaintiff, defendant C, and G is completed, and when the forest of this case is divided in kind into the forest of this case, the above collateral security becomes effective on the land owned by the plaintiff, defendant C, and other Defendants. Thus, it is reasonable to divide the forest of this case into the forest of this case according to the method of payment in installments.

Therefore, it is so decided as per Disposition by deciding to distribute the remaining amount after deducting the auction cost from the sale price by selling the forest of this case to auction at the ratio of shares of the plaintiff and the defendants.

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