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(영문) 춘천지방법원원주지원 2017.11.28 2017가단1102

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

Basic Facts

A. As of the date of the closing of argument in this case, the Plaintiff, Defendant E, and F share each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) at the rate of 4/20 shares, 1/20 shares, 1/20 shares, and 6/20 shares, respectively, and Defendant C shares 6/20 shares.

B. The Plaintiff and the Defendants did not reach an agreement on the division of each real estate of this case.

[Reasons for Recognition] Determination of Confession (Article 150 of the Civil Procedure Act)

A. According to the facts, the Plaintiff may request the Defendants to divide each of the instant real estate in accordance with Article 269(1) of the Civil Act.

B. According to the purport of Gap evidence No. 1 (including the paper numbers) and the entire pleadings, the following facts and circumstances may be acknowledged, and comprehensively taking account of these, it is difficult to divide each of the instant real estate into consideration in kind, and therefore, it is reasonable to divide it by the method of payment in installments.

1) A provisional attachment is established with respect to the shares of each of the instant real estate owned by Defendant E. (2) The instant real estate is not connected with each other, and its area is merely 714 square meters and 733 square meters, and it is difficult for co-owners to use the portion owned by them on the ground because it is too small to be owned by them in kind according to the ratio of shares of the Plaintiff and the Defendants.

It is likely that the value of the portion divided in kind will be significantly reduced.

3 The Plaintiff, Defendant B, D, and F expressed their intent to divide the price in the instant case, if the appropriate spot installment plan was not drawn by mutual agreement between the parties in the instant pleading.

In conclusion, we decide to distribute to the plaintiff and the defendants the remaining amount after deducting the auction cost from the auction price of each of the real estate of this case by selling it at auction. It is so decided as per Disposition.