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(영문) 울산지방법원 2015.04.22 2014가단22054
공유물분할 등
Text

1. The land listed in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price shall be attached.

Reasons

1. In full view of the purport of the entire pleadings, evidence Nos. 1 to 5 (including a branch number) of the co-owned property partition claim, the Plaintiff and the Defendants shared each of the instant land indicated in the separate sheet in the separate sheet, and the fact that there was no agreement between the Plaintiff and the Defendants on the division of each of the instant land. Thus, the Plaintiff may file a claim against the Defendants for the partition of each of the instant land.

2. In full view of the land location, size, shape, use situation of each of the instant lands, relationship and share ratio between the Plaintiff and the Defendants, and the land listed in attached Table 3 among each of the instant lands cannot be divided in principle pursuant to Article 22(2) of the Farmland Act, which is the farmland performed by an agricultural infrastructure improvement project under the Rearrangement of Agricultural and Fishing Villages Act, which is acknowledged as a combination of the whole purport of pleading Nos. 1 through 5 (including a branch number) in the method of partition of co-owned land: (a) it is difficult or inappropriate to divide each of the instant lands in kind; (b) it is difficult or inappropriate to divide each of the instant land in kind, and (c) it is divided by auction and

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