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(영문) 부산지방법원 2019.11.19 2019가단316751

공유물분할

Text

1. The real estate listed in the separate sheet 1 shall be put to an auction and the remaining amount after deducting the cost of auction from the proceeds of sale;

Reasons

1. Indication of claims: To be as shown in Appendix 3; and

2. Claim against Defendant B, C, and D: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act).

3. The facts constituting the cause of the claim in the separate sheet No. 3 against the defendant E-stock company are either disputed between the parties, or may be acknowledged by adding the whole purport of the pleadings to each entry in the evidence No. 1 to No. 7.

In principle, partition of co-owned property based on a judgment shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, and if it is impossible to divide in kind in kind or the value thereof is likely to be substantially damaged due to such division, the price shall be divided through

(2) Article 269(2) of the Civil Act (Article 269(2) of the Civil Act). If the purport of the entire pleadings is added to the statement in Gap evidence 7, it is practically impossible to divide real estate in kind as the plaintiff (appointed party), the designated party (hereinafter collectively referred to as the "Plaintiffs") and the defendants have an unregistered house on the ground of the real estate subject to division owned by the defendants, and it is practically impossible to divide the real estate in kind due to the existence of an unregistered house on the ground of ownership. Considering that the plaintiffs want to divide the proceeds through an auction and the defendants did not present any alternative on other division methods, it is reasonable to divide the remaining amount of real estate subject to division from