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(영문) 대구지방법원김천지원 2019.10.16 2018가단5795
공유물분할
Text

1. The sale price shall be the remainder after deducting the auction cost from the sale price, which is put up for an auction with G forest land of 1653 square meters in Gu and Si.

Reasons

1. Basic facts

A. With respect to 165/165/165/165/160 of the farmland in this case (hereinafter “the forest in this case”), the registration of transfer was completed on October 27, 201 on the ground of sale and purchase as of October 12, 201. As to the 165/165/165/165 of the forest in this case, the registration of transfer was completed on October 1, 201 on the ground of sale and purchase as of October 21, 201, and the registration of transfer was completed on November 1, 2011. As to the 3331/165/165 of the forest in this case among the forest in this case, the registration of transfer was completed on October 14, 201 on the ground of sale and purchase as of October 14, 2011, on the share of the forest in this case, on October 16, 2015.

B. As to the portion of 165/165 of the instant forest land, the registration of relocation was completed on November 3, 201 with respect to the portion of H’s share on November 13, 201, and the Plaintiff completed the registration of transfer on October 16, 2018 on the ground of sale due to voluntary auction conducted on November 13, 2018, the Plaintiff and the Defendants shared the instant forest land in proportion to their respective shares as indicated in the separate sheet.

C. The Plaintiff applied the auction division method, and Defendant E wants to maintain the co-ownership relationship, and Defendant C did not want the auction division method, and there was no agreement between the Plaintiff and the Defendants on the division method of the forest of this case by the closing date of the argument in this case.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, and 5's statements, the purport of the whole pleadings

2. Determination:

A. In light of the above facts, the Plaintiff, a co-owner of the forest of this case, may file a claim against the Defendants, other co-owners, for the partition of the forest of this case pursuant to Article 269(1) of the Civil Act.

(b) The partition of co-owned property by judgment may be made with reasonable partition according to the share of each co-owner;

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