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(영문) 전주지방법원 2015.10.14 2015가단7161

공유물분할

Text

1. The Plaintiff shall sell the answer F 2434.6m2 at auction at Kim Jong-si and the remainder after deducting the auction cost from the price.

Reasons

If Gap evidence Nos. 1 through 5 and the fact-finding results of this court's fact-finding on the Kim Jong market added the purport of all pleadings, the plaintiff and the defendants own real estate mentioned in paragraph (1) at the ratio of 1/5 of each co-ownership share, and they did not reach an agreement on the method of dividing the above real estate.

In light of the location and area of the above real estate, the utilization status, the use value after the division, the statutory restrictions on partition, the relationship between co-owners and the status of co-ownership share, etc., which can be known by the aforementioned evidence and the purport of the whole pleadings, the above real estate may not be divided in kind or may be reduced remarkably due to the division.

Therefore, it is appropriate to divide the property jointly owned by means of distributing the remaining amount after deducting the auction cost from the price of the above real property sold by auction in accordance with the share ratio of co-owners, so it is so decided as per Disposition.