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(영문) 대구지방법원 2019.11.27 2019가단111926
공유물분할
Text

1. The real estate listed in the separate sheet 1 shall be put to an auction and the proceeds of the auction shall be deducted from the auction.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party), the Appointed Party, K, and the Defendants shared the real estate listed in the separate sheet 1 (hereinafter “instant real estate”) according to the co-ownership ratio listed in the separate sheet 2.

B. The instant lawsuit was filed without agreement among the Plaintiff (Appointed Party), the Appointed K and the Defendants on the division of the instant real estate.

C. On March 26, 2019, Youngcheon-si expressed to the Plaintiff the position that it is impossible to divide the instant real estate into shares of each co-owner according to the provisions of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act (Standards for Permission for Development Acts), Chapter 3 of the Guidelines for Operation of Permission for Development Activities (Land Division) and Article 26 of the Urban Planning Ordinance of Yongcheon-si (Standards for Permission for Land Partition).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts finding as to the claim and the evidence as seen earlier, another partition of co-owned property in the instant lawsuit as to the real estate should be conducted, and as such, it is not appropriate to divide the real estate in kind, and auction division is deemed appropriate.

Therefore, according to the co-ownership ratio stated in the attached list 2, the real estate of this case is sold to auction and the auction cost is deducted from the sale price shall be distributed to the plaintiff (appointed party), the Appointed, and the defendants, respectively.

3. According to the conclusion, we decide to divide the instant real estate as above, and decide as per Disposition.

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