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(영문) 광주지방법원순천지원 2020.06.02 2019가단6571

공유물분할

Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale by selling the 233mm2 to the auction at the Haak-gun, Jeonnam-gun.

Reasons

Facts of recognition

Defendant C acquired ownership by completing the registration of ownership transfer on the ground of sale on March 22, 1989 with respect to the real estate stated in the order (hereinafter “instant real estate”). On July 18, 2007, Defendant D and G completed the registration of ownership transfer on the ground of sale on February 1, 1993 with respect to each of the instant real estate.

On September 17, 2019, the Plaintiff completed the registration of transfer of ownership based on public sale conducted on August 30, 2019 with respect to 1/3 of the shares of G among the instant real estate.

[Reasons for Recognition: Facts without dispute, Gap evidence No. 1] The plaintiff sought a division of the real estate of this case owned by the plaintiff and the defendants as the lawsuit of this case, and in light of the reasons for sharing the real estate of this case as seen above and the relationship between the plaintiff and the defendants, it is reasonable to allocate the remaining amount after deducting the auction cost from the auction cost in accordance with their respective shares of shares between the plaintiff and the defendants.

In conclusion, it is decided as per Disposition by dividing the instant real estate into the method of payment by auction.