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(영문) 부산지방법원 2015.07.24 2014가단15541

공유물분할 등

Text

1. The sale price shall be the remainder after deducting the auction cost from the sale price, which is put up for an auction of the Busan Summer-gu U.S.

Reasons

According to the facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, and the purport of the whole pleadings, the plaintiff and the defendants owned each share of 19 square meters in Busan Seo-gu U.S. as shown in the attached Form, and the fact that there exists a building of the second floor community hall, etc. which had not been constructed for a long time on the ground.

Although the Plaintiff and the Defendants divided a conversation on the method of division of the above site, the consultation was not formed smoothly, and in light of the location, shape, size, utilization relationship, etc. of the above site and the above ground buildings, it constitutes a case where it is impossible to divide it in kind or the value of it is likely to be reduced remarkably due to the division.

Therefore, it is decided as per Disposition that the remaining amount of the above site was put to an auction and deducted from the auction cost shall be divided in a way that shares are distributed to the plaintiff and the defendants according to the share ratio.