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(영문) 대전지방법원서산지원 2020.06.23 2019가단3488
공유물분할
Text

1. The remainder of the sale price calculated by deducting the auction cost from the sale price shall be attached to the G forest G 2615m2 in Seosan-si.

Reasons

1. The forest land stated in Paragraph (1) of the judgment on the cause of the claim is jointly owned by the Plaintiff and the Defendants. Although there is no agreement prohibiting the partition of co-owned property between the said Plaintiff and the Defendants, there is no agreement on the division. In full view of the purport of the entire pleadings in the written evidence Nos. 1 and 2, the forest land in question is a land in the form of overcoming the road, and the economic value of each part divided into six parts according to the number of co-owners, including the land adjacent to or relatively close to the road, is extremely reduced. On the other hand, if the forest is divided in the form of street, it can be acknowledged that there is a problem of equity because there are many blind land which is not adjoining to the road. Therefore, it is practically impossible to divide the forest of this case in kind into the same kind,

2. In conclusion, the real estate mentioned in Paragraph (1) of the Disposition shall be sold to an auction and the remaining money excluding the auction cost shall be divided according to the share ratio of the plaintiff and the defendants. It is so decided as per Disposition.

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