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(영문) 춘천지방법원원주지원 2017.10.24 2015가단5353
공유물분할
Text

1. The plaintiff shall sell the real estate listed in the separate sheet No. 1 to an auction and deduct the auction cost from that auction price.

Reasons

Facts of recognition

A. As of the date of the closing of argument in this case, the Plaintiff and the Defendants shared the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), and the shares of the Plaintiff and the Defendants are as listed in the separate sheet No. 2.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.

C. The instant real estate is forest land, the area of which is 907 square meters, and the Defendants’ share in the said real estate is merely 25/907, 50/907, 100/907, and thus, it would not be practically utilized if it is divided in kind.

[Ground of recognition] Defendant B, D, E, F, H, and I: Confession (Article 150(3) and (1) of the Civil Procedure Act). According to the facts of recognition of the purport of the entire pleadings and the entries in the evidence Nos. 1 and 2, the Plaintiff, a co-owner of the instant real estate, may file a claim for the division of the instant real estate with the Defendants, who are other co-owners. Since it is difficult to divide the instant real estate in kind, it is reasonable to divide the instant real estate by means of price division.

Therefore, it is so decided as per Disposition by deciding to distribute to the plaintiff and the defendants the remaining amount after deducting the auction cost from the sale price by selling the real estate at auction.

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