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(영문) 광주지방법원순천지원 2016.02.04 2015가단76619

공유물분할

Text

1. Each real estate listed in the separate sheet 1 shall be put to an auction and the proceeds of the auction shall be deducted from the proceeds of the sale;

Reasons

1. The Plaintiff and the Defendants are sharing each real estate listed in the separate sheet 1 according to their share ratio listed in the separate sheet 2. However, there was no special agreement between the Plaintiff and the Defendant on the prohibition of partition, and the Plaintiff and the Defendant did not reach an agreement on partition. Therefore, each real estate listed in the separate sheet 1 is subject to cash division through an auction.

2. Applicable provisions;

A. Judgment by public notice against Defendant B: Article 208(3)3 of the Civil Procedure Act

B. Judgment by deeming the Defendant C as a confession: Articles 208(3)2 and 150(3) of the Civil Procedure Act