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(영문) 서울중앙지방법원 2016.08.23 2015가단165735

공유물분할

Text

1. The real estate listed in the separate sheet 1 shall be put to an auction and the remainder after deducting the auction cost from the price.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the plaintiff and the defendants are co-owners of the real estate listed in the separate sheet No. 1 (hereinafter "the real estate of this case"). Each share ratio of the plaintiff and the defendants are as stated in the separate sheet No. 2, and it can be acknowledged that there was no agreement between the plaintiff and the defendants on the method of partition of the real estate of this case. Thus, the plaintiff can file a claim against the defendants for partition of co-owned property of this case.

Furthermore, in light of the number of co-owners of this case and their respective share ratio, location and size, usage status, and usage value after the division, it is difficult or inappropriate to divide the real estate of this case in kind in the case of the real estate of this case.

Therefore, it is fair and reasonable to divide the real estate of this case into an auction and the remaining amount after deducting the auction cost from the auction price according to the share ratio.

Therefore, it is so decided as per Disposition by the court below to divide the remaining amount of the real estate of this case from the auction proceeds after deducting the auction costs from the auction proceeds in accordance with the ratio of shares owned by the plaintiff and the defendants.