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(영문) 인천지방법원 부천지원 2018.05.25 2018가단100931
공유물분할
Text

1. The amount remaining after selling the 6,644 square meters of D forest in Ansan-si to an auction and deducting the auction expenses from the proceeds thereof;

Reasons

1. Facts of recognition;

A. The land indicated in the text of this case (hereinafter “instant land”) is jointly owned by the Plaintiff and the Defendants in their respective shares in the text. As to the Plaintiff and the Defendant’s shares, the Republic of Korea (U.S.) completed the attachment registration on January 8, 2018.

B. The Plaintiff and the Defendants did not agree on the method of dividing the instant land.

【Ground for recognition】 1, 2, and the purport of the entire pleadings

2. According to the above facts, if the land of this case is divided in kind due to a narrow area corresponding to the Plaintiff’s share among the land of this case, the value of the portion to be owned by the Plaintiff alone is considered to have been significantly reduced compared to the share price before the division of the jointly owned property. Therefore, it is reasonable to divide the land of this case by auction into the price division method.

Therefore, the remaining amount of the land of this case, which was put up for an auction and deducted from the auction cost, shall be distributed to the plaintiff and the defendants in accordance with the order.

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