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(영문) 제주지방법원 2021.02.15 2020가단802
공유물분할
Text

1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

Reasons

1. Facts of recognition;

A. As to the instant land, the Plaintiff shares each of the shares of 1/4, Defendant C, D, E, F, and H in 1/8, Defendant G, and I in 1/16.

B. Until the closing date of pleadings in the instant case, there was no agreement between the Plaintiff and the Defendants on the division of the common property on the instant land.

[Grounds for recognition] The items in Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Plaintiff, a co-owner of the instant land, may request the Defendants, other co-owners, to divide the jointly owned property pursuant to Articles 268(1) and 269(1) of the Civil Act.

B. Considering the nature, size, situation of use, and value of the land of this case recognized by the method of dividing the jointly-owned property, it is reasonable to deem that the instant land constitutes a case where it is difficult or inappropriate to divide the land in kind, in light of the fact that it is difficult to determine the right to appropriately coordinate interests between the Plaintiff and the Defendants, and thus, it is reasonable to deem that the instant land constitutes a case where it is difficult or inappropriate to divide the land in kind. Accordingly, the method of dividing the price according to the respective shares of the Plaintiff and the Defendants after

3. In conclusion, the remaining money remaining after selling the instant land at auction and deducting auction costs from the sale price shall be distributed to the Plaintiff and the Defendants in proportion to their respective share of co-ownership.

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