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(영문) 대전지방법원서산지원 2020.10.27 2020가단1334

공유물분할

Text

1. The real estate listed in the attached Table 1 list shall be put to an auction and the proceeds from the auction shall be deducted;

Reasons

1. In full view of the purport of Gap evidence No. 1 as to the cause of the claim, the plaintiff and the defendants can recognize the fact that they share each of the real estate listed in the separate sheet No. 1 (hereinafter "the real estate of this case") at the ratio of 1/3, respectively. The real estate of this case can be divided by auction division in consideration of the circumstances such as the fact that the division of the real estate of this case in kind is practically impossible due to the conflict of interest between the plaintiff and defendant D and the fact that other division method is not excessive.

2. In conclusion, the real estate of this case should be sold at an auction and the remaining amount after deducting the auction cost from the proceeds of the sale should be distributed at the ratio of 1/3 of the plaintiff and the defendants' share. It is so decided as per Disposition.