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(영문) 수원지방법원 2018.12.05 2016가단541556
공유물분할
Text

1. The remainder of the selling price calculated by deducting the auction cost from the selling price by selling the forest land of the wife population S 4,896 square meters.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the land of 4,896 square meters in land and forest land of the wife population S 4,896 square meters (hereinafter “instant real estate”), and their share ratios are as stated in the attached Form “co-owner and co-ownership share.”

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate until the closing date of the instant argument.

[Grounds for recognition] The descriptions of evidence Nos. 3 and 5, and the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff, as co-owners of the instant real estate, may file a claim for partition against the Defendants, who are other co-owners, pursuant to Article 268(1) of the Civil Act, and as co-owners did not reach an agreement on the method of partition by the date of closing argument of the instant case, the Plaintiff may file a claim for partition of co-owned property with the court pursuant to

As to the method of division, considering the current status, location, area, use status, number of co-owners, ownership relationship of surrounding land, and intent of the parties on the method of division, etc., it is reasonable to distribute the remaining price after excluding the expenses to be incurred by the auction to co-owners according to the ratio of shares of co-owners.

3. In conclusion, the division of the instant real estate, which is jointly owned, is determined as above, and it is so decided as per Disposition.

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