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(영문) 의정부지방법원 2015.09.22 2015가단3006

공유물분할

Text

1. The sale price shall be the remainder after deducting the auction cost from the sale price, which is put up for an auction of 688 square meters in the same ducheon-si.

Reasons

1. According to the reasoning of Gap's evidence No. 1 and the whole pleadings as to the cause of the claim, it can be acknowledged that the plaintiff owns the real estate mentioned in the Disposition No. 1 (hereinafter "the real estate of this case") with 263,007 shares of 315,448, the defendant's share of 315,448, and multiple proposals for seizure, provisional seizure, provisional seizure, entry registration, and establishment registration of neighboring mortgage are completed with respect to the defendant's share of ownership, and that consultation on the method of dividing the above real estate has not been effected.

In light of the situation and location of the use of the real estate of this case, the area, the use value after the division, and the relationship between co-owners, etc., the real estate of this case is a place where it is impossible to divide in kind the real estate of this case in kind or it is likely that the value thereof

Therefore, it seems reasonable to divide the pertinent real estate into the auction and distribute the remaining amount after deducting the auction cost from the sale price, according to the share ratio of co-owners.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.