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(영문) 서울중앙지방법원 2015.09.23 2014가단5186570
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the price by selling the F forest land of Incheon Strengthening-gun to auction.

Reasons

1. Basic facts

A. The Plaintiff (Appointed), the designated parties, and the Defendants share 14697 square meters of forest land in Incheon-gun (the instant land) in proportion to their shares as stated in paragraph (1) of this Article.

B. As to the share of Defendant A, the right to collateral security has been established with KRW 100 million with respect to the maximum debt amount received on July 6, 2011, and I with regard to the said share.

C. Until the date of the closing of the instant argument, the Plaintiff, the designated parties, and the Defendants did not reach an agreement on the method of land partitioning.

【Ground of recognition】 Any fact without dispute, Gap 1 and 2

2. Determination

A. According to the above facts of recognition, the Plaintiff and the designated parties may, as co-owners, request the Defendants to divide the land of this case.

B. Taking into account the following circumstances, comprehensively taking into account the evidence before the method of division, the statement of evidence Nos. 3 and 4, and the purport of the entire pleadings, the division of the instant land in kind may be inappropriate or considerably reduced due to the division.

Therefore, it is appropriate to divide the remaining amount of the land of this case from the proceeds of the auction to the auction and the amount calculated by deducting the costs of the auction from the proceeds of the auction according to the co-ownership ratio of

① Since the land of this case is divided into several co-ownerships, the utility value of co-owners who have the share, the area subject to sole ownership is very narrow when divided in kind.

(2) The right to collateral security established by Defendant A’s share in the land divided at the time of division in kind shall continue to exist according to the ratio of shares, and the parties shall be compensated for the depreciation of the value thereof. In such cases, mutual compensation relationship becomes complicated.

③ 5/14697, which is a relatively small equity among the co-owners of the instant land, is a single owner of four and 73/14697, and how to divide the portion to be owned by them at the time of a spot-sale, and a part to be owned by each owner of the instant land is a single owner.

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