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(영문) 창원지방법원통영지원 2016.11.17 2016가단20762

공유물분할

Text

1.The remaining amount after deducting the auction cost from the proceeds of the sale by selling real estate listed in the annex list at an auction;

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared real estate listed in the separate sheet 8268/286604 shares, Defendant B, C, E, and H shares 35495/286604 shares, Defendant D, and F shares 296/28604 shares, and Defendant G shares 264/28604 shares.

B. As of the closing date of the argument of this case, the Plaintiff did not have a divided agreement with the Defendants on the real estate stated in the separate sheet, and there was no agreement between the parties to prohibit division.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. If the agreement on the method of partition does not lead to an agreement, co-owners may request the court to divide it (Article 269(1) of the Civil Act), the circumstances indicated in the records, and the parties’ intent expressed during the proceeding of the lawsuit in this case, etc., in full consideration, the real estate listed in the attached list shall be deemed to fall under the case where it is impossible to divide it in kind in kind or the value thereof is significantly reduced due to the division, as prescribed by Article 269(2) of the Civil Act, and thus, the method of division

B. Therefore, the real estate listed in the separate sheet shall be sold to the plaintiff and the defendants in accordance with the ratio of the order after deducting the auction cost from the sale price.

3. Thus, we decide to divide the real estate listed in the separate sheet as ordered.