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(영문) 광주지방법원목포지원 2017.04.06 2016가단8877

공유물분할

Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Facts of recognition;

A. The plaintiff (Appointed), the designated parties, and the defendant share each real estate listed in the separate sheet in the same share as the ratio listed in Paragraph 1 of the Disposition.

B. There is no special agreement among the Plaintiff (Appointed Party), the appointed parties, and the Defendant on the prohibition of partition of co-owned property. The above co-owners failed to reach an agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is recognized that all the requirements for the premise of the claim for partition of co-owned property as to each real estate listed in the separate sheet were met, and the plaintiff (appointed party) and the designated party wished to divide the property by auction, and the defendant stated that there was no idea to purchase the shares of the plaintiff (appointed party) and the designated party on the first date for pleading, and it is deemed that it constitutes a case where it is difficult or inappropriate to divide the property in kind in light of the nature, location, size, use situation, and use value after the division, etc.

3. In conclusion, the plaintiff (appointed party)'s claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.