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(영문) 청주지방법원제천지원 2015.10.07 2015가단1891
공유물분할
Text

1. He shall sell 7 parts of the forest land B at auction incheon-si, and the remaining amount after deducting the expenses for auction from the proceeds thereof;

Reasons

In full view of the purport of the entire pleadings in Gap evidence No. 1, it is recognized that the plaintiff and the defendant shared 1/2 shares of each of the plaintiff and the defendant. However, it is recognized that the plaintiff and the defendant did not reach an agreement on the method of dividing the real estate of this case.

According to the above facts of recognition, the plaintiff as a co-owner of the real estate of this case may request the defendant to divide the real estate of this case.

Furthermore, considering all the circumstances, such as the nature, location, area, and use of the instant real estate as to the method of partition of co-owned property, since the instant real estate appears difficult or inappropriate to divide it in kind, the method of selling the instant real estate at auction and then dividing the price according to the ratio of shares between the Plaintiff and the Defendant is a fair and reasonable method of division.

If so, it is so decided as per Disposition that the real estate of this case shall be sold at auction and the remaining amount after deducting the auction cost from the auction price shall be divided in the proportion of 1/2 to the plaintiff and the defendant.

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