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(영문) 서울중앙지방법원 2019.02.11 2018가단5060706

공유물분할

Text

1. The amount remaining after deducting the expenses for auction from the proceeds of the auction by selling each real estate listed in the separate sheet No. 1;

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 5, the plaintiff and the defendants shared each real estate listed in the separate sheet No. 1 (hereinafter referred to as "each real estate of this case") in their respective shares in the separate sheet No. 2 list, and there was no special agreement among co-owners to not divide each of the real estate of this case, and it can be acknowledged that there was no agreement on the method of division by the date of closing argument of this case. Thus, the plaintiff may file a claim against the defendants for the division of each

In regard to the method of partition, the division of co-owned property by trial is based on the method of in-kind division, but it is difficult to find a reasonable method of in-kind division that corresponds to the share ratio of the Plaintiff and the Defendants because the co-owners of each real estate of this case are many and each share ratio is not the same. The plaintiff wants the auction division, the defendant Republic of Korea does not object to the auction division, and the defendant H religious organization I did not present a specific plan of division until now. The defendant C expressed the intention that the plaintiff (co-owner) wishes to purchase the shares of the other co-owners, and the defendant E expressed the intention that the other co-owners want to purchase the shares of the other co-owners, and the remaining defendants did not present any plan of division until now.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that each of the instant real estate was sold at auction and the sales price deducted from the auction cost.