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(영문) 대전지방법원 서산지원 2018.05.09 2017가단53588
공유물분할
Text

1. It shall be put up for auction the 1,997 square meters in F. F. 1, G 1,095 square meters, and the 2,638.3 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared a 1,97.2m2 m2, G 1,095m2, and H 2,638.3m2, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”) with co-ownership shares as indicated in the text.

B. There is no separate agreement between the Plaintiff and the Defendants on the prohibition of partition regarding the instant land, and no agreement on division has been reached until the date of closing the argument in the instant case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Plaintiff, one of co-owners of the land of this case, can file a claim against the Defendants for the partition of the land of this case based on his co-ownership.

B. If the purport of the entire pleadings is added to the evidence admitted earlier, it is possible to divide the instant land, the land of which light land rearrangement was completed, only if the area of each parcel is at least 2,000 square meters after partitioning pursuant to Article 22 (2) 3 of the Farmland Act, as farmland for which the agricultural infrastructure development and expansion project was implemented. The area of the instant land is limited to a total of 5,731 square meters, and it is not possible to divide the area of each parcel into at least 2,00 square meters after partitioning up to five persons, both the Plaintiff and the Defendants, as co-owners, as well as Defendant B, C, and D agree to the auction division.

Therefore, it is reasonable to divide the land of this case by means of a method of payment by auction.

3. 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 amount remaining after deducting the auction cost from the price is distributed according to the share ratio of the plaintiff and the defendants.

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