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(영문) 춘천지방법원 2020.02.04 2019가단2776
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the forest 1,450 square meters at auction in Hongcheon-gun, Suwon-gun H.

Reasons

The plaintiffs share 155/1,450 square meters of H 1,450 square meters of land in Suwon-gun, Hongcheon-gun (hereinafter “instant land”), each of the plaintiffs share 155/1,450 shares, the 330/1,450 shares of Defendant C, the 168/1,450 shares of Defendant D, the 331/1,450 shares, the 331/1,450 shares of Defendant E, the 145/1,450 shares of Defendant F, the 166/1,450 shares, and the 166/1,450 shares of Defendant G demanded the Defendants to divide the instant land. However, until the date of the conclusion of the instant pleadings, the Plaintiffs and the Defendants did not

(C) The facts without any dispute, Gap evidence No. 1, and the purport of the entire pleadings). Since the plaintiffs and the defendants, co-owners of the land of this case, did not reach an agreement on the method of dividing land, the plaintiffs can file a judicial claim against the defendants for the division of the land of this case pursuant to Article 268(1)

We examine the method of partition of co-owned property.

In full view of the following circumstances: (a) the Plaintiffs filed the instant lawsuit at the time of demanding the division of the instant land by means of distributing the proceeds from sale through an auction; (b) Defendant C, C, F, and G did not appear on the date of pleading without submitting a written response; and (c) did not present any opinion on the method of the division of the instant land; and (d) the size, location, use status, use value after the division, market value, etc. of the instant land is difficult or inappropriate to divide the instant land in kind; and (e) it is reasonable to divide the instant land by means of payment in installments.

Therefore, this case's land is sold to the plaintiffs and the defendants according to the ratio of shares of each ownership to the remaining amount after deducting the expenses for auction from the price of the land that was sold to auction. It is decided as per Disposition.

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