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(영문) 춘천지방법원 2021.02.09 2020가단2017

공유물분할

Text

Attached Form

The real estate listed in the register No. 1 shall be put to an auction and the proceeds of the auction shall be deducted from the proceeds of the sale.

Reasons

The Plaintiff and the Defendants shared each real estate listed in the separate sheet No. 1 (hereinafter collectively referred to as “each of the instant real estate”) according to their respective shares in attached Form No. 2. The Plaintiff demanded the Defendants to divide each of the instant real estate. However, up to the closing date of the instant pleadings, the Plaintiff and the Defendants did not reach an agreement on the method of division between the parties, either there is no dispute between the parties or is significant in this court.

Since a co-owner of each real estate of this case did not reach an agreement on the method of division between the Plaintiff and the Defendants, the Plaintiff may file a judicial claim against the Defendants for the division of each real estate of this case pursuant to Article 269(1) of the Civil Act.

The method of partition of article jointly owned shall be considered as applicable.

In light of the following circumstances, the evidence Nos. 1 through 3 (including branch numbers), which can be recognized by comprehensively considering the overall purport of the pleadings, the following circumstances are difficult or inappropriate to divide each of the instant real estate into cash, and it is reasonable to divide each of the instant real estate into cash, in consideration of the fact that each of the instant real estate is land and its ground buildings, and it is not easy to fairly divide each of the instant real estate into cash, and other circumstances indicated in the arguments, such as the details, location, and ownership of each of the instant real estate.

The decision is judged.

Therefore, we decide to distribute to the plaintiff and the defendants the remaining amount after deducting the auction cost from the proceeds from the sale of each of the real estate in this case by the auction. It is so decided as per Disposition.