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(영문) 대전지방법원 2018.05.31 2018가단200294
공유물분할
Text

1. The plaintiff 47.4m2 of Daejeon Dong-gu, Daejeon is placed at an auction to sell the 154m2 and the remaining amount calculated by deducting the auction cost from the price.

Reasons

The Plaintiff and the Defendant are co-owners of the land indicated in the text (hereinafter “instant land”), and it is recognized that there was no partition agreement between the Plaintiff and the Defendant on the instant land until now, and that there was no partition agreement on the instant land (based on evidence Nos. 1 through 5, the purport of the entire pleadings). The Plaintiff, the co-owners of the instant land, may file a claim for partition of the instant land against the Defendant, the other co-owners, pursuant to Article 269

In full view of all the circumstances, including the fact that the Defendant did not respond to the Plaintiff’s request for partition and did not properly contact, and that the land in this case appears to have significantly decreased the value of use if divided in light of its size and use, etc., the land in this case constitutes a case where it is difficult or inappropriate to divide the land in kind.

Therefore, pursuant to Article 269 (2) of the Civil Code, it is reasonable to sell the land of this case to auction and the remaining amount after deducting the auction cost from the price.

The plaintiff's claim shall be accepted, and the costs of litigation shall be borne individually in consideration of the nature and circumstances of the case.

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