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(영문) 창원지방법원진주지원 2020.10.23 2020가단35492

공유물분할

Text

1. Attached list;

1. The amount of the stated real estate sold at each auction after deducting the expenses for the auction from the proceeds of sale;

Reasons

1. A list in the annexed sheet, comprehensively taking account of the overall purport of pleadings in each statement in subparagraphs 1 and 2, as to the claim for partition of co-owned

1. The Plaintiff and the Defendants’ Schedule of the indicated real estate (hereinafter “instant real estate”)

2. The Plaintiff and the Defendants owned co-owned shares in proportion to the co-owned shares, there is no co-owned property partition prohibition agreement between the Plaintiff and the Defendants, and it can be recognized that the agreement on the method of partition

Therefore, the Plaintiff may file a claim with the court for the division of the instant real estate jointly owned by the Defendants.

(Civil Act Articles 268(1) and 269(1)2 of the Civil Act: (a) the Plaintiff wants to divide a co-owned property by auction; and (b) the remaining Defendants except Defendant C did not dispute the above division method after receiving the instant complaint.

(However, considering various factors such as the location, area, shape, etc. of the land of this case, it is reasonable to divide the real estate of this case into auction and auction and distribute the price.

3. In conclusion, the Plaintiff and the Defendants decide to divide the remainder after deducting the costs of the instant real estate from the costs to be sold at auction according to their respective co-ownership shares, as set forth in the Disposition.