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(영문) 대전지방법원 2017.11.16 2017가단212405
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. The Plaintiff and the Defendants have share of 1/3 each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

The land category of each real estate of this case is the answer.

B. On May 15, 2017, Daejeon Sung-gu notified the Plaintiff of the fact that each of the instant real estate was farmland, but not directly used for agricultural management, and that it should be disposed of, and that it will impose a non-performance penalty if not disposed of.

C. The Plaintiff attempted to consult with the Defendants to resolve the issue of each of the instant real estate, but did not reach an agreement.

Defendant B consented to the Plaintiff’s claim for division of auction.

[Reasons for Recognition] Each entry of Gap 1 or 4 (including each number), the purport of the whole pleadings

2. In addition to the fact that the above recognition facts did not communicate with Defendant C, it would be difficult or inappropriate to divide each of the instant real estate in kind.

Therefore, it is appropriate to sell each real estate of this case to auction at auction and divide the auction price according to the share ratio.

3. Conclusion, the plaintiff's claim of this case is accepted on the ground of the reasons.

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