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(영문) 대구지방법원 2015.09.22 2013가단62589
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling Q 238,197 square meters in Q Doldong-gun for auction; and

Reasons

1. Facts recognized;

A. The Plaintiff and the Defendants shared in their respective shares of shares in Q 238,197 square meters in Q Doldong-gun Q Doldong-gun (hereinafter “instant land”).

B. However, there is no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff may file a judicial claim against the Defendants for the division under Article 269(1) of the Civil Act.

B. Furthermore, in light of all circumstances, it is difficult or difficult to divide the land of this case in kind in light of the method of partition, since it is reasonable to divide the land of this case by auction, since it is reasonable to divide the land of this case into money by auction, in view of the fact that it is not possible to measure the location of the cemetery and the location of the dividing point, which is scattered in a sound relation with trees.

3. In conclusion, it is so decided as per Disposition by the assent of all participating Justices on the bench that the land of this case was put up for auction and the remainder after deducting auction costs from the price is distributed to the plaintiff and the defendants according to the shares in the attached

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