beta
(영문) 서울동부지방법원 2018.07.18 2018가단143296

공유물분할

Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. The Plaintiff and the Defendants owned each corresponding share in the separate sheet of co-ownership in the real estate listed in the separate sheet, and there was no agreement between the parties on the division method of each of the above real estate.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff may claim for the division of each of the above real estate against the Defendants based on his co-ownership share.

Meanwhile, in light of the shares, form, location, area, use status, and the use value of each of the above real estate, it is deemed that it is difficult or inappropriate to divide the above real estate in kind, and thus, it is reasonable to sell the above real estate at auction and distribute the remaining amount after deducting the auction cost from the proceeds thereof to the plaintiff and the defendants in their respective shares.

3. Conclusion, each of the above immovables is to be divided through an auction, and it is so decided as per Disposition.