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(영문) 광주지방법원 2017.06.13 2016가단515549

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

1. Determination as to the cause of claim

A. The indication of claim against Defendant C: The description of the cause of claim and the changed cause of claim are as shown in attached Form 3.2) The judgment by deemed confession (Article 208(3)2 of the Civil Procedure Act)

B. The indication of the claim against Defendant I: The description of the cause of the claim and the changed cause of the claim are as shown in attached Form 3; 2) the judgment by service (Article 208(3)3 of the Civil Procedure Act)

C. In full view of the purport of each entry in the evidence Nos. 1-1 through 1-4, and 2 as to the remaining Defendants, each real estate listed in the separate sheet No. 1 is jointly owned by the Plaintiff and the above Defendants in proportion to their respective shares in the separate sheet No. 2, and the agreement on the method of division was not reached. In light of the location and size of the above real estate, the situation of its use, the amount of use after the division, the relationship between co-owners, and the current status of co-ownership share, etc., it is recognized that it is difficult to divide the above real estate in kind or there is a concern that its value will be reduced remarkably due to the division. Therefore, the co-ownership of the above real estate shall be resolved by means of distributing the remaining amount after

2. Thus, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the costs of lawsuit are assessed against each party in consideration of the characteristics of the partition of co-owned property. It is so decided as per Disposition.