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(영문) 광주지방법원순천지원 2020.01.21 2019가단1859

공유물분할

Text

1. The Plaintiff shall attach the amount of 58 square meters prior to G to the auction at the time of influence and deduct the auction expenses from the proceeds.

Reasons

1. Indication of claim;

A. There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate, and there was no agreement on the prohibition of dividing the instant real estate.

B. Since the instant real estate falls under a case where it is difficult or inappropriate to divide it in kind, it is fair and reasonable to sell the instant real estate at auction to the Plaintiff and the Defendants in accordance with their share ratio.

2. Applicable provisions;

(a) Defendant C, D, or E: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act);

(b) Defendant F: Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment of deemed confessions