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(영문) 대전지방법원서산지원 2020.01.21 2019가단53681
공유물분할
Text

1. The remaining amount of 1,283 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun shall be put to an auction and the auction expenses shall be deducted from the proceeds of the sale.

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim in Gap evidence Nos. 1 through 3 and 5 through 7 (including branch numbers), the land listed in Paragraph (1) of the Disposition No. 1 (hereinafter “instant land”) was owned by Eul and the defendant in proportion to 1/2 of their respective shares acquired by inheritance, and the plaintiff purchased D’s share on June 4, 2019 after the public sale procedure was conducted. The plaintiff borrowed money from Eul and completed the provisional registration of the claim for transfer (hereinafter “provisional registration of this case”) on June 27, 2019 for 1/2 of the instant land as security, and the plaintiff discussed and tried to try to discuss the division method, such as selling the entire land of this case to a third party.

On the other hand, while the defendant asserts the in-kind division, if the land of this case is divided in kind according to the ratio of shares of the plaintiff and the defendant, the provisional registration of this case established only with respect to the plaintiff's share before the division is made in kind, not naturally concentrated on the part specified as the plaintiff's sole ownership, but still remains in the part specified as the defendant's sole ownership according to the previous ratio of shares. Therefore, it causes an imbalance between the plaintiff and the defendant to divide the land of this case in kind, and it is difficult to adopt this case because either the plaintiff and the defendant have a different opinion about the appropriate price.

2. In conclusion, this case's land shall be sold at auction and the remaining amount after deducting the auction cost from the proceeds of sale shall be distributed according to the share ratio of the plaintiff and the defendant. It is so decided as per Disposition.

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