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(영문) 대전지방법원홍성지원 2019.12.10 2019가단2520
공유물분할
Text

1. The remaining money which is referred to an auction of 6,248 square meters of D forest land in Bocheon-si after deducting the costs of auction from the proceeds of sale; and

Reasons

1. The Plaintiff and the Defendant are co-owners who own one-half of each of the 6,248 square meters of forests and fields D in Bocheon-si (hereinafter “instant real estate”).

Since the Plaintiff did not reach an agreement with the Defendant on the division of co-ownership, the Plaintiff may request the court to divide the co-ownership.

However, since the real estate in this case is difficult to divide in kind due to provisional seizure and establishment of a right to collateral security for the shares of the defendant, the plaintiff is claiming for the payment by auction.

2. Judgment made by deeming confession (Article 208 (3) 2, and Article 150 (3) and (1) of the Civil Procedure Act).

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