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(영문) 서울중앙지방법원 2018.05.01 2016가단134028
공유물분할 등
Text

1. The land listed in the separate sheet of land and shares shall be put to an auction and the auction cost shall be deducted from the proceeds thereof;

Reasons

Each land listed in the separate sheet No. 1 is a site and owned by the plaintiffs and the defendants in the same proportion of shares; there was no special agreement between co-owners as to each of the above land; and there was no agreement between co-owners as to the partition of co-owned property; and there was no dispute between the parties.

Therefore, each of the above lands shall be divided in accordance with the share of co-ownership at the request of the plaintiffs, and in principle, the plaintiffs, defendant D, and E want to divide in kind, but if they want to do so, the value difference between the other parts adjacent to the road on North Korea, which would be reasonable, and the method of compensating for the difference is not appropriate, and the defendant C and F did not present any opinion on the method of division. In light of all the circumstances revealed in the proceedings of the pleading in this case, it is impossible to divide in kind, and therefore, it is so decided as per Disposition by ordering the division by auction.

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