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(영문) 의정부지방법원 2018.08.14 2017가단122895
공유물분할
Text

1. The Plaintiff and the Plaintiff shall sell the 621m2 in Namyang-si D Forest land to auction and deduct the auction cost from the price.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B own 1/2 of each share of D forest 621 square meters in Nam-si, Namyang-si.

B. The Plaintiff owns the E Forest land E 598 square meters in Namyang-si, 776.648/873 shares, and Defendant C owns the shares of 96.3512/873 shares.

C. There was no agreement between the Plaintiff and each of the Defendants on partition of co-owned property.

[Evidence A] Evidence Nos. 1 through 8

2. If it is impracticable or inappropriate to divide the article jointly owned in kind in light of the nature, location, area, use status, and the use value after the division, etc. of the article jointly owned, an auction may be ordered to be divided into money, and the article jointly owned may be divided into money;

(See Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009, etc.). Each forest of this case is a natural green belt within a development-restricted zone, the shape of which is an irregular complete slope, and the grave in which the relative is unknown is located, and is adjacent to a national expressway, and is located adjacent to a shape highway.

In light of the above facts, since it is judged that it is difficult or inappropriate to divide the price in kind, it is the most equitable and reasonable to distribute the price through auction.

3. In conclusion, we decide to divide the remainder of the forest land of this case after selling it at auction and deducting the auction cost from the price in accordance with the share ratio between the plaintiff and each defendant. It is so decided as per Disposition.

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