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(영문) 울산지방법원 2017.03.15 2015가단26473
공유물분할
Text

1. The amount remaining after selling the F 2,096m2 in Ulsan-gun, Ulsan-gun, to an auction and deducting the costs of auction from the proceeds thereof.

Reasons

The Plaintiff shares 3,026/20,966 shares, Defendant G’s 302/20,966 shares, Defendant C’s 2,689/20,966 shares, Defendant D’s 5,042/20,966 shares, and Defendant E shares of 9,907/20,966 shares.

(C) The Plaintiff, a co-owner of the instant land, may file a claim for the partition of the instant land with the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

We examine the method of partition of co-owned property.

In light of the following circumstances, which can be recognized by comprehensively taking account of the evidence Nos. 1 and 2 and the purport of the entire pleadings, namely, the Plaintiff filed the instant lawsuit by demanding the division of the land by means of distributing the proceeds from the auction, and the Defendants also do not want to divide the land in kind, and the Defendants stated that they have no intent to compensate for the value equivalent to the other party’s share value and to acquire the shares corresponding thereto, it is difficult or inappropriate to divide the land in kind, and it is reasonable to divide the land in the manner of payment.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for auction and deducted from the auction cost, shall be distributed to the plaintiff and the defendants

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